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Certain guarantees of protection of investor right: national and intergovernmental level (on the example of Russia’ and China’s legislation)
Abstract.The subject of this research is the questions of providing certain legal guarantees to foreign investors, reflected in the provisions of national legislation considering its recent amendments, as well as the texts of bilateral intergovernmental agreements via example of Russia and China. The authors focuses attention on such guarantees as the guarantee for compensation in terms of expropriation (nationalization) of the property of foreign investor; transfer of payments related to realization of investment activity; insurance of noncommercial risks (of political nature) in the activity of foreign investors; stabilization clause, etc. The scientific novelty consists in the comparative-legal study of peculiarities of the content of legal guarantees provided to the foreign investors in Russia and China. The author comes to a conclusion that the approaches of a legislator towards the content of legal guarantees at the national level have certain variances, while the provisions of intergovernmental agreement between Russia and China of 2006 secures all of the fundamental state guarantees for the foreign investors that carry financial and political character.
Keywords: umbrella clause, investment insurance, expropriation of property, intergovernmental agreement, legal guarantees of investors, investments, Russia, China, transfer guarantee, non-commercial risks
Article was received:12-01-2019
This article written in Russian. You can find full text of article in Russian here .