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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. Kurochkina
Law Office “ТА – Legal Consulting”
Russian Federation

Polina D. Kurochkina, Assistant Attorney

Moscow



V. L. Tolstykh
Moscow State Institute of International Relations (University) of the Ministry of Foreign Affairs of the Russian Federation
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

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ISSN 2542-0410 (Print)