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Om begreppet "investering" enligt ICSID-konventionen

Hjelm Wallgren, Lina (2010)
Department of Business Law
Abstract
Nowadays it is common for corporations to invest in foreign countries. These international investment are important both for promoting the domestic economy and to promote the world economy. One step in the protection and promotion of international investment is to provide an independent international dispute settlement procedure which protects international in-vestment. Such procedure is provided by "The Convention on the Settlement of Investment Disputes between States and Nationals of Other States” (ICSID Convention) concluded in 1965 by the World Bank. The purpose of the ICSID Convention is to promote international investment by providing an independent dispute resolution mechanism between a state and an investor. From the ICSID... (More)
Nowadays it is common for corporations to invest in foreign countries. These international investment are important both for promoting the domestic economy and to promote the world economy. One step in the protection and promotion of international investment is to provide an independent international dispute settlement procedure which protects international in-vestment. Such procedure is provided by "The Convention on the Settlement of Investment Disputes between States and Nationals of Other States” (ICSID Convention) concluded in 1965 by the World Bank. The purpose of the ICSID Convention is to promote international investment by providing an independent dispute resolution mechanism between a state and an investor. From the ICSID Convention, the ICSID an institution was founded. ICSID provides the dispute settlement procedures under the Convention. Dispute settlement under the ICSID Convention, are usually based on a bilateral investment treaties (BIT), signed between two states. BITs are agreements to provide guarantees that states must protect international in-vestments. The ICSID Convention requires for its application that the dispute regards an in-vestment. The ICSID Convention does not include a definition of what constitutes an invest-ment because the founders of the Convention considered that the notion of investment should be interpreted flexibly. They meant that a determine definition of an investment would dis-courage the flexibility. This essay’s main purpose is to investigate the concept of investment under the ICSID Convention. Doctrines of substance and ICSID awards have created a method that facilitates the interpretation of what constitutes an investment under the ICSID Convention. This method includes up to five different characteristics of an investment. The first feature is duration. The second are profit or return. The third characteristic is risk. The fourth feature has two meanings. Either the investment should make a contribution or the con-tract should comprise a substantial amount of money. The last feature means an investment should make a contribution to the development of the state where the investment is made. These characteristics are called the Salini-test and are usually used by the ICSID tribunals for guidance in defining the concept of investment under ICSID Convention. The analysis of this essay indicates that ICSID tribunals assessing the features in the Salini-test in different ways, which complicates the definition of what constitutes an investment under the ICSID Conven-tion.
Keywords: (Less)
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author
Hjelm Wallgren, Lina
supervisor
organization
year
type
M2 - Bachelor Degree
subject
keywords
ICSID-konventionen, ICSID, internationella investeringar, bilaterala investeringsavtal, Salini-testet, Juridical science, Rättsvetenskap, juridik
language
Swedish
id
1544055
date added to LUP
2010-01-22 00:00:00
date last changed
2010-08-03 10:53:01
@misc{1544055,
  abstract     = {Nowadays it is common for corporations to invest in foreign countries. These international investment are important both for promoting the domestic economy and to promote the world economy. One step in the protection and promotion of international investment is to provide an independent international dispute settlement procedure which protects international in-vestment. Such procedure is provided by "The Convention on the Settlement of Investment Disputes between States and Nationals of Other States” (ICSID Convention) concluded in 1965 by the World Bank. The purpose of the ICSID Convention is to promote international investment by providing an independent dispute resolution mechanism between a state and an investor. From the ICSID Convention, the ICSID an institution was founded. ICSID provides the dispute settlement procedures under the Convention. Dispute settlement under the ICSID Convention, are usually based on a bilateral investment treaties (BIT), signed between two states. BITs are agreements to provide guarantees that states must protect international in-vestments. The ICSID Convention requires for its application that the dispute regards an in-vestment. The ICSID Convention does not include a definition of what constitutes an invest-ment because the founders of the Convention considered that the notion of investment should be interpreted flexibly. They meant that a determine definition of an investment would dis-courage the flexibility. This essay’s main purpose is to investigate the concept of investment under the ICSID Convention. Doctrines of substance and ICSID awards have created a method that facilitates the interpretation of what constitutes an investment under the ICSID Convention. This method includes up to five different characteristics of an investment. The first feature is duration. The second are profit or return. The third characteristic is risk. The fourth feature has two meanings. Either the investment should make a contribution or the con-tract should comprise a substantial amount of money. The last feature means an investment should make a contribution to the development of the state where the investment is made. These characteristics are called the Salini-test and are usually used by the ICSID tribunals for guidance in defining the concept of investment under ICSID Convention. The analysis of this essay indicates that ICSID tribunals assessing the features in the Salini-test in different ways, which complicates the definition of what constitutes an investment under the ICSID Conven-tion.
Keywords:},
  author       = {Hjelm Wallgren, Lina},
  keyword      = {ICSID-konventionen,ICSID,internationella investeringar,bilaterala investeringsavtal,Salini-testet,Juridical science,Rättsvetenskap, juridik},
  language     = {swe},
  note         = {Student Paper},
  title        = {Om begreppet "investering" enligt ICSID-konventionen},
  year         = {2010},
}