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Categories of foreign investments and foreign investor in the national legislation and international treaties of the member states of the Eurasian Economic Union
 
PIIS102694520023307-8-1
DOI10.31857/S102694520023307-8
Publication type Article
Status Published
Authors
Natalia Yu. Erpyleva 
Occupation: Head of the Department of General and Interbranch Legal Disciplines, Faculty of Law, National Research University “The Higher School of Economics”
Affiliation: National Research University “The Higher School of Economics”
Address: Russian Federation, Moscow
Dmitry M. Maksimov
Occupation: Senior Lecturer, Deputy Head of the Department of General and Interdisciplinary Legal Studies, Faculty of Law, National Research University Higher School of Economics
Affiliation: National Research University Higher School of Economics
Address: Russian Federation, Moscow
Journal nameGosudarstvo i pravo
EditionIssue 12
Pages119-130
Abstract

This article discusses the notion of categories of foreign investments and foreign investor in the law of the EAEU member states through the prism of three levels of legal regulation: national legislation, bilateral and multilateral international treaties. The national legislation of the EAEU member states that regulates foreign investments, although is based on commonly used legal structures and instruments, within the framework of the conceptual apparatus can differ significantly in the recipient state of the foreign investments and in the state of origin of the foreign investor, which requires close attention and detailed study of the regulatory legal acts of each EAEU member state. Along with the rules governing foreign investments and the status of a foreign investor under Eurasian law, the EAEU member states apply the rules of bilateral agreements on the promotion and protection of investments that are in force not only between them, but also with the third states. In addition, there is also a multilateral international treaty for the four EAEU member states, namely the Moscow Convention of the CIS. This circumstance is due to the participation of Russia, Armenia, Belarus, Kazakhstan and Kyrgyzstan simultaneously in three integration processes – within the framework of the EAEU, the CIS and the SCO.

KeywordsInternational Investment Law, national legislation, international treaty, foreign investments, foreign investor, foreign legal person, investment agreements
Received18.08.2022
Publication date22.12.2022
Number of characters61359
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