{"title":"International investment treaty: problems of theory and practice","authors":"O.Yu. Tsybulska","doi":"10.24144/2788-6018.2023.04.95","DOIUrl":null,"url":null,"abstract":"The current stage of the development of the world economy is marked by a significant increase in the volume of international investment relations, which is caused by intensive cross-border capital flows and the implementation of innovative investment projects. In this context, international investment treaties become a key tool that regulates the relationship between investor states and host states, directing their paths of interaction to increase stability, efficiency, and balance in investment cooperation.The implementation of the principles of international investment treaties into real practice is of great importance, as it allows to protect the interests of investors, ensure the stability of investment conditions and contribute to the socio-economic development of the participating state. However, along with the interest in international investment treaties, several significant theoretical and practical issues arise that require the result of study and analysis.The specificity of international investment treaties arises in their multifaceted nature, which combines elements of international law, economics, and politics. These treaties reflect the rapid development of global investment structures, which often give rise to conflicts with related legal, social, and environmental issues. Combining the interests of the state and private investors in one document creates a special balance that requires deep analysis and understanding.Modern realities of the world economy also leave an imprint on the practice of teaching and implementing international investment treaties. Changes in geopolitical conditions, rapid technological changes, and ambiguous national interests affect investment cooperation strategies. such realities require the actualization of theoretical approaches to the understanding and adaptation of training practices and execution of investment contracts.Among these issues, one should highlight the balance between the rights and obligations of investors and the host state, the definition of mechanisms for the regulation of investment disputes, and the competence of international courts in the resolution of investment conflicts, as well as the problems of efficiency and transparency of the conclusion and implementation of such agreements.","PeriodicalId":474211,"journal":{"name":"Analìtično-porìvnâlʹne pravoznavstvo","volume":"26 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2023-09-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Analìtično-porìvnâlʹne pravoznavstvo","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.24144/2788-6018.2023.04.95","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
Abstract
The current stage of the development of the world economy is marked by a significant increase in the volume of international investment relations, which is caused by intensive cross-border capital flows and the implementation of innovative investment projects. In this context, international investment treaties become a key tool that regulates the relationship between investor states and host states, directing their paths of interaction to increase stability, efficiency, and balance in investment cooperation.The implementation of the principles of international investment treaties into real practice is of great importance, as it allows to protect the interests of investors, ensure the stability of investment conditions and contribute to the socio-economic development of the participating state. However, along with the interest in international investment treaties, several significant theoretical and practical issues arise that require the result of study and analysis.The specificity of international investment treaties arises in their multifaceted nature, which combines elements of international law, economics, and politics. These treaties reflect the rapid development of global investment structures, which often give rise to conflicts with related legal, social, and environmental issues. Combining the interests of the state and private investors in one document creates a special balance that requires deep analysis and understanding.Modern realities of the world economy also leave an imprint on the practice of teaching and implementing international investment treaties. Changes in geopolitical conditions, rapid technological changes, and ambiguous national interests affect investment cooperation strategies. such realities require the actualization of theoretical approaches to the understanding and adaptation of training practices and execution of investment contracts.Among these issues, one should highlight the balance between the rights and obligations of investors and the host state, the definition of mechanisms for the regulation of investment disputes, and the competence of international courts in the resolution of investment conflicts, as well as the problems of efficiency and transparency of the conclusion and implementation of such agreements.