Investment law assignment help
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Investment law deals with foreign direct investment. The law is used to solve disputes between sovereign States and foreign investors. This is the law that is responsible for regulating the relationship between foreign direct investment and foreign investors. It is relevant to the implementation of WHO FCTC. Parties must consider their interest in public health when it comes to negotiating or amending investment treaties or investment agreements.
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How to understand the bilateral investment law?
We are here to explain the bilateral investment treaty law briefly. Bilateral investment law handles the agreement which is drawn up between two countries regarding reciprocal undertakings for the promotion and protection of private investments.
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The bilateral investment treaty is a protective law that gives the power of protection against the nationalization and expropriation of foreign assets illegally. It protects against any other work by a signatory of the BIT that could affect the ownership or economic interest of a citizen of the other party in the treaty. BITs, being agreements that are negotiated between the signatory parties, the terms and conditions change from instance to instance. However, in general, they will include these rights and protections:
- National treatment.
- Most-favoured-nation treatment.
- Fair and equitable treatment.
- Compensation in the event of expropriation.
Among the various protections under a BIT, one of the vital ones allows foreign investors to sue states directly. The foreign investors can sue by depositing the claims for breach of the BIT to arbitration. They do not need to submit the claims to local courts.
Now, you must have got a preliminary idea of what BIT is. Skipping to the good part:
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The sources are Multilateralization, Arbitral Precedent, Comparativism, and Soft Law.
Investment protection is an umbrella term that can be associated with any guarantee or insurance regarding the fact that any investment you make will not be lost or will go through any kind of forgery.
The international investment issues are:
- The transaction costs are very hefty. It is probably the most significant barrier that prevents investors from investing in the international market.
- The next issue is the high currency volatility. The currency rate keeps on changing.
- There is also a high liquidity risk associated.
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