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Legal Remedies for the Protection of Foreign Investments

Student: Kail Evelina

Supervisor: Dmitry Mikhailovich Maksimov

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Final Grade: 8

Year of Graduation: 2020

In this study the author analyzes the legal means of protecting foreign investment, namely international standards of treatment and international investment insurance. The relevance of the chosen topic is due to the importance of the reliability of legal remedies for foreign investment as one of the most important indicators of the high development of the legislation of a state in terms of providing the best guarantees for the stability of business of individuals from other states on its territory. The author conducted a systematic analysis of such protection standards as the standard of fair and equitable treatment standard of full protection and security, national treatment, MFN, and umbrella clause, as well as the activities of the Multilateral Investment Guarantee Agency. The main focus is on the practical side of studying these issues, that is, on the analysis of judicial practice. The author comes to the following conclusions: 1) the legal regulation of these issues in international law is a multidimensional and complex due to the historical prerequisites of the formation of international investment law; 2) a large role in investment protection are played by bilateral investment agreements that guarantee the rights of investors, and the level of legal technique for adopting certain standards; 3) arbitration courts are given many opportunities to influence the formation of regulation in the field of protection of investors ' rights, and therefore their decisions are important material for study; 4) investment insurance is the most important institution aimed at protecting the rights of investors, and so far the Russian Federation can not be considered a state that provides foreign investments with all possible protection in this area.

Full text (added May 10, 2020)

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