出版社:Law Department of the Bucharest University of Economic Studies
摘要:Worldwide, the entrance restrictions for foreign investment were eliminated orrestricted in a wide range of industries, especially mining (among other fields such asaviation, financial services, real estate). Foreign investors still remain reluctant toplacement of investments in developing countries, shall be required also to seek hostcountries with a certain degree of stability in the existence of international treaties oninvestment In conclusion, it is emphasized that the investment environment mustsubstantiate its order and hierarchy on a set of regulations with a mandatory character, asthe soft law regulations, such as conduct codes of the transnational companies, the projectof articles regarding the responsibility of states of the International Law Committee, thearbitrage practices (that does not admit precedents) or other acts without mandatory forcehave proven insufficient. An especially important role is played by the common effort ofexperts to expose all the forceful positions, as well as the vulnerabilities of all the actorsinvolved in international investments, so that, through a full and objective analysis of theseaspects, firm regulatory solutions may be extracted.
关键词:foreign investment; mining; international treaties; national security.