Preview

Russian Law Journal

Advanced search

Protection of Foreign Investment in Central Asia

https://doi.org/10.17589/2309-8678-2019-7-4-125-150

Full Text:

Abstract

Central Asia, with its abundance of natural resources and low labor costs, is often seen as an attractive destination for foreign investment. The inflow of foreign investment into Central Asia has significantly increased in recent decades, and this phenomenon supports the improvement of both national economies and the welfare of the region. Still, Central Asia is not classified as a low-risk destination for foreign investment because of inadequate protection of foreign investment – particularly a lack of transparency and predictability in Central Asia states’ FDI (Foreign Direct Investment) regimes. Furthermore, international organizations (such as the OECD) indicate that some countries in Central Asia do not have clear investment policies. These points pose problems for foreign investors who desire to invest in the region. From this perspective, this article analyzes the consistency of the general principles of foreign investment in Central Asia with international investment standards.

About the Author

Farruhbek Muminov
Anadolu University
Turkey

Farruhbek Muminov – Phd Candidate, Faculty of international Private Law, Anadolu University

Yesiltepe Mahallesi, Yunus Emre Campus, Eskişehir, 26470



References

1. Guthrie B.K. Beyond Investment Protection: An Examination of the Potential Influence of Investment Treaties on Domestic Rule of Law, 45(4) New York university Journal of international Law and Politics 1151 (2013).

2. Henckels C. Proportionality and Deference in Investor-State Arbitration: Balancing Investment Protection and Regulatory Autonomy (Cambridge: Cambridge university Press, 2015). https://doi.org/10.1017/CBO9781316104378

3. Jansen P. Industrial Policy in the Context of Merger and Foreign Investment Control, 24(2) Columbia Journal of european Law 157 (2018).

4. Jia s.-X. On the Improvement of China's Legal System of Foreign Direct Investment, 8(4) Journal of Politics and Law 293 (2015). https://doi.org/10.5539/jpl.v8n4p293

5. Rolland S.E. The Return of State Remedies in Investor-State Dispute Settlement: Trends in Developing Countries, 49(2) Loyola university Chicago Law Journal 387 (2017).

6. Shmatenko L. An Overview of Kazakhstan's Investment Laws and its Investor-State Arbitral Awards, 30(4) international Law Quarterly 26 (2013).

7. Umirdinov A. The End ofHibernation of Stabilization Clause in Investment Arbitration: Reassessing Its Contribution to Sustainable Development, 43(4) Denver Journal of international Law and Policy 455 (2015).

8. VanDerMeulen J. & Trebilcock M.J. Canada's Policy Response to Foreign Sovereign Investment: Operationalizing National Security Exceptions, 47(3) Canadian Business Law Review 392 (2009).

9. Wagner M. Regulatory Space in International Trade Law and International Investment Law, 36(1) University of Pennsylvania Journal of international Law 1 (2014).

10. Wong D. From Redundancy to Resurgency: Revisiting the Local Remedies Rule in International Investment Arbitration, 35 Singapore Law Review 114 (2017).

11. Zheng C.R. The Territoriality Requirement in Investment Treaties: A Constraint on Jurisdictional Expansionism, 34 Singapore Law Review 139 (2016).


For citation:


Muminov F. Protection of Foreign Investment in Central Asia. Russian Law Journal. 2019;7(4):125-150. https://doi.org/10.17589/2309-8678-2019-7-4-125-150

Views: 480


ISSN 2309-8678 (Print)
ISSN 2312-3605 (Online)
X