Comparative Analysis of Bilateral Investment Treaties of the Russian Federation
https://doi.org/10.25205/2542-0410-2021-17-3-39-46
Abstract
The paper analyzes bilateral investment treaties, one of the parties to which is Russia. The article compares the provisions contained in the 1992 and 2001 model agreements of Russia, as well as the provisions of the 2016 Regulations. The concepts of “foreign investor” and “investment” are considered, discrepancies in the concepts and wording used in treaties with different states are revealed. In a comparative aspect, the authors explore the operation of treaties over time, the use of the standard of fair and equal treatment, and the application of provisions on expropriation. The features of the formulation of the national treatment standard and the most favored nation treatment standard, as well as the umbrella clause are revealed.
About the Authors
P. D. KurochkinaRussian Federation
Polina D. Kurochkina, Assistant Attorney
Moscow
V. L. Tolstykh
Russian Federation
Vladislav L. Tolstykh, Doctor of Sciences (Law), Associate Professor
Moscow
References
1. Neshataeva T. N. Foreign investments in the Russian Federation: legal regulation and judicial practice. Bulletin of the Supreme Arbitration Court of the Russian Federation, 2001, no. 7, pp. 28–44. (in Russ.)
2. Harmoza A. P. Arbitration Based on International Investment Treaties: Competence Issues. Moscow, Infotropic Media, 2012, 352 p. (in Russ.)
3. Doronina N. G., Semilyutina N. G. International private law and investments. Monograph. Moscow, IZiSP: Contract, 2012, 272 p. (in Russ.)
Review
For citations:
Kurochkina P.D., Tolstykh V.L. Comparative Analysis of Bilateral Investment Treaties of the Russian Federation. Juridical science and practice. 2021;17(3):39-46. (In Russ.) https://doi.org/10.25205/2542-0410-2021-17-3-39-46