THE CONCEPT OF AN INVESTMENT IN BILATERAL INVESTMENT TREATIES

Ristovska, Mirjana (2021) THE CONCEPT OF AN INVESTMENT IN BILATERAL INVESTMENT TREATIES. International Scientific Conference: Towards a Better Future: State and Society Conference Proceedings. pp. 198-208. ISSN 978-608-4670-19-3

Text Paper_Conference proceedings.pdf - Published Version Download (844kB)

Abstract

The definition of the term investment is usually an integral part of the Bilateral
Investment Treaties (BIT) general provisions. The definitions are set broadly
and they refer to "every kind of profit" or "every kind of investment in the state
territory", and are supplemented with an incomplete list of specific examples.
The dominant view in investment practice is that the term investment is
extensive, which includes traditional forms of capital investment, as well as
investments in the services sector, technology, engineering, construction, and
the like.
The notion of investment can also be defined by the parties themselves (host
state and foreign investor) by mutual agreement. Therefore, the basic aspects
in defining the term investment are the form and nature of the activity, not the
area of economic activity.
The subject of this paper is a normative analysis of the provisions contained in
the Bilateral Investment Treaties signed by the Republic of North Macedonia,
which refer to the term investment. The subject of analysis will also be the
arbitration practice of the International Center for Settlement of Investment
Disputes (ICSID) regarding the determination of the term investment.
Keywords: investment, ICSID, BIT.

Item Type:	Article
Subjects:	Scientific Fields (Frascati) > Social Sciences > Law
Divisions:	Faculty of Law
Depositing User:	Pfk Eprints
Date Deposited:	08 Jun 2023 11:32
Last Modified:	08 Jun 2023 11:32
URI:	https://eprints.uklo.edu.mk/id/eprint/8411

Actions (login required)

View Item