International Investment Law Journal
Volume 3, Issue 1, February 2023

Table of Contents

• Contents
  

  
  

• Associate professor Cristina Elena POPA TACHE; Lawyer Silviu CONSTANTIN
  
  Abstract:

  Investment disputes arise from time to time between investors and host states. In the event of such disputes, investors may turn to the International Center for Settlement of Investment Disputes3 for arbitration. One of the issues that can (still) arise during ICSID arbitration proceedings is the allocation of costs. Allocation of costs is a crucial aspect of any dispute resolution process, and ICSID arbitration is no exception. This article will show that a specific practice has been created in ICSID arbitration and outline the different approaches and principles used by ICSID arbitral tribunals when allocating costs. At the same time, the emphasis is placed both on possible problems of interpretation that may arise, as well as on some proposals to modify the investment treaties, so that the specific arbitration rules can be helped again by the treaty. For this article, a comparative research method was used that allowed a meta-analysis of the relevant arguments that can lead to a well-founded reasoning. Mostly primary sources were used, which were supplemented with secondary sources.
  Keywords:international investment, ICSID, treaties, investment arbitration, costs.
  JEL Classification:F21, J52, K33
  1. Allocation of Costs in ICSID Arbitration a Continuing Challenge to International Law
      Page 4
  
  
• Associate professor Laura Magdalena TROCAN
  
  Abstract:

  The existence of unsuspected resources in the seas and oceans of the world and the real possibilities of covering an important part of the food and energy requirements of mankind in the context of the of terrestrial resources ' depletion, in a not too distant interval, have made to continuously increase the interest in the world ocean, the seas and oceans being engines of the world economy, including the economy of the European Union, having great potential for innovation and growth, the maritime sector, at the level of the EU2, offering viable solutions for economic development, job creation and ensuring food resources for a population of over 500 million people. These developments have led to developments, especially in international investments (within or outside the EU). In this context, the present study wants to make a presentation, (using scientific methods such as: analytical, comparative, quantitative method etc.) of the interest of the European Union in terms of the exploration and exploitation of the resources of the blue continent in the light of the initiatives, regulations and measures implemented until present, by this international organization sui generis.
  Keywords:marine resources, European Union, international investments, raw materials, blue economy, polymetallic nodules.
  JEL Classification:F21, K33
  2. The Interest of the European Union in the Exploration and Exploitation of the Blue Continent’ Resources
      Page 17
  
  
• Lecturer I Made Pria DHARSANA; Notary Indrasari KRESNADJAJA
  
  Abstract:

  The purpose of this research is to find out the relationship between land law, investment and the environment after the existence of the Job Creation Law. The research method used is a normative research method, using a statutory approach related to issues of land law, investment and sustainable environment after Law Number 11 of 2020 concerning Job Creation. The data sources used are primary and secondary data. Data collection through library research and research, then analyzed qualitatively. The results of the study show that Indonesia is a country that asserts itself as an agricultural country that places land in a very important position. This is expressly stated in Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia which is spelled out in Law no. 5 of 1960 (UUPA) concerning Basic Agrarian Regulations. The BAL does not provide a clear definition of land law, but legal experts (land) agree to provide an understanding of the meaning of law, namely land law is the field of law that regulates land tenure rights. Land law has a very close relationship with environmental law. In investing, investors are required to maintain environmental sustainability in Indonesia. Every investor, especially foreign investors, is given the right to use land rights in Indonesia, including building use rights (HGB), business use rights (HGU) and usage rights (HP). The Constitutional Court's ruling, especially regarding land clusters, suggests that several land policies should be suspended in the hope that the government will immediately improve the Job Creation Law (Law Number 11 of 2020). The Job Creation Law has a very broad impact on various sectors such as research and innovation, land, government administration and the environment, the agricultural and forestry sectors are no exception.
  Keywords: land law, international investment, and job creation law.
  JEL Classification:K22, K32
  3. The Relationship between Land Law, Investment and Environment Post Job Creation Law
      Page 29
  
  
• PhD. student Andrada-Laura TARMIGAN
  
  Abstract:

  This paper aims at providing an overview of the current practices, opportunities and problems concerning sustainability in construction contracts, by using literature review and the comparative methods. We will also identify the EU legal provisions and the main types of standard construction contracts that include sustainability provisions (FIDIC, JCT, NEC, G.D. no. 1/2018). The purpose is to determine how parties can use contractual provisions to reduce carbon footprint in their projects and to identify the possible risks and dispute grounds associated with such an approach. The parties can negotiate sustainability provisions and it is recommendable for the contractor to propose certain measures for meeting environmental objectives. The EU‘s new legislative project in this area of expertise, the Corporate Sustainability Reporting Directive, aims to make companies more accountable and transparent about the environmental impact of their business approach. In the end, we will show that considering sustainability will actually create opportunities for investors, companies and society in general and will decrease costs on a medium-long term. There is a growing awareness of the negative financial implications of conducting business “as usual” meaning in a non-sustainable manner.
  Keywords: sustainability, construction, international investments, contracts, due diligence.
  JEL Classification:F21, K14, K33
  4. Sustainability Challenges in Construction Contracts as a Regular Issue of International Investments
      Page 41
  
  

• Student Elena SÂRGHI
  

  Abstract:

  This article aims to present the main guidelines of the concept of due diligence, a review of the legal history of a business, from several points of view, such as concluded contracts, human resources and working conditions offered, existing disputes, financing methods, etc., before af the acquisition of that business, knowingly, by offering specialized recommendations. These aspects are inherently part of the life of international investments. In this sense, we will approach this topic by analyzing the way of drafting and the content that the report must have, researching the normative framework, commenting on some relevant jurisprudential benchmarks, through which to concretize the role that this approach has in transitions, but and offering some doctrinal interpretations, through which the literature looked at due diligence from various perspectives, sustaining, inter alia, arguments in favor and against this operation, so that, at the end of the paper, we can conclude whether this examination is necessary or not in present.
  Keywords: due diligence, transactions, acquisitions, consulting law.
  JEL Classification:K20, K22
  5. Due Diligence Report and Its Role in Foreign Investment Transactions
      Page 49
  
  
• Assistant professor Mejd Aures BENLALA
  
  Abstract:

  This paper attempts to examine Algeria’s international commercial arbitration legislation in light of the UNCITRAL Model Law on international commercial arbitration. This is crucial and pertinent to the overall business and trade activity in Algeria, particularly with regards to potential disputes related to the increasing presence of foreign companies and investors (FDI). The research method is mainly based on the analytical approach with the aim to analyze Algeria’s legislation that deals with international commercial arbitration, nevertheless, it tends to be descriptive and comparative at times (when necessary). After analysis and comparison of Algeria’s Code of Civil and Administrative procedure; namely the part, which is concerned with international commercial arbitration, this paper concludes that this existing international commercial arbitration legal framework can be described as adequate and functional in harmony with the UNCITRAL Model Law on international commercial arbitration.
  Keywords: international commercial arbitration, international investment, UNCITRAL Model Law, Algeria’s Code of Civil and Administrative Procedure, dispute resolution.
  JEL Classification:F21, K33, K40, K41
  6. Exploring Algeria’s International Commercial Arbitration Legislation in Light of the UNCITRAL Model Law on International Commercial Arbitration. A National View on International Investments
      Page 61
  
  
• Associate professor Olga TATAR
  
  Abstract:

  The purpose of writing this article is to classify international commercial contracts on various grounds. First, depending on the subject of the international contract: 1) specific contracts for international investments; 2) international contracts for the sale of goods;3) international lease agreements; 4) international financial leasing agreements; 5) international factoring agreements; and 6) international contracts, etc. Secondly, we can distinguish simple international agreements (for example, an international sale and purchase agreement), as well as complex (mixed and unnamed). The latter are becoming more widespread in international trade. European countries carry out legal regulation of this kind of contracts both within the framework of civil law, trade law, tax law, as well as special legislation. So, among the most common in practice mixed (complex) foreign economic agreements are international leasing, franchising, distribution, factoring agreements, investment agreements, etc. Depending on the nature of the delivery and the specifics of the relationship between counterparties: 1) an international (cross-border) contract with a one-time delivery of goods, after the execution of which legal relations between the parties to the transaction terminate; 2) an international (cross-border) contract with a periodic regular supply of goods from the seller to the buyer within a certain period. The methods used in this article were: comparative legal, logical, historical, didactic, imperial.
  Keywords: classification of international commercial contracts, international investments, international regulations, obligations, contract structure, contract specifics.
  JEL Classification:K15, P45
  7. Types of International Commercial Agreements and Their Legal Regulation
      Page 72
  
  
• Associate professor Elise Nicoleta VÂLCU
  
  Abstract:

  The way in which goods and services are marketed in the European Union is in a continuous process of change and this fact has different implications in all investment levels. Given that citizens, as consumers as well as professional traders from the European Union, are increasingly active on markets outside their country of origin (acting as international investors), the possibility of resorting to electronic payments greatly simplifies their current activity. That is why this article deals with the specific problems that appear closely interconnected by the most modern aspects with an impact on the cross-border investment environment. As a result, the Green Paper of the European Commission entitled "Towards an integrated European market for card, internet and mobile payments" notes the increasing proportion of online or internet payments (electronic payments) and payments from the mobile phone. The present scientific study aims to highlight the main advantages conferred by the presence of electronic payments on the markets of the member states among which we mention: many possibilities for consumers and professional traders to choose those tools and those providers that best meet their needs; it gives more innovation, thus generating an integrated market in this respect and last but not least the increased security of payments and more trust from customers. The scientific material also notes that this innovative payment system has also disadvantages, among which we mention the activities included in the scope of crimes, committed in the case of non-cash payment transactions carried out with any kind of payment instrument, whether physical, such as bank cards, whether virtual, such as payments through a mobile payment application. So, for a good understanding of the criminal phenomenon, the study approaches the union and transposition legislation in the matter.
  Keywords: investments, cashless payment instruments, users, monetary value, crime.
  JEL Classification:E20, F21, K20
  8. Brief Considerations on the “Behaviour” of Professional Traders and Consumers in the Context of the Shift from Brick-And-Mortar to E-commerce. Union and Transposition Regulations
      Page 90