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The strategic importance of international investments in the field of mining and international law

Cristina Elena Popa Tache ()
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Cristina Elena Popa Tache: associated scientific researcher with the Judicial Research Institute of the Romanian Academy

Juridical Tribune (Tribuna Juridica), 2017, vol. 7, issue 1, 15-30

Abstract: Worldwide, the entrance restrictions for foreign investment were eliminated or restricted in a wide range of industries, especially mining (among other fields such as aviation, financial services, real estate). Foreign investors still remain reluctant to placement of investments in developing countries, shall be required also to seek host countries with a certain degree of stability in the existence of international treaties on investment. In conclusion, it is emphasized that the investment environment must substantiate its order and hierarchy on a set of regulations with a mandatory character, as the soft law regulations, such as conduct codes of the transnational companies, the project of articles regarding the responsibility of states of the International Law Committee, the arbitrage practices (that does not admit precedents) or other acts without mandatory force have proven insufficient. An especially important role is played by the common effort of experts to expose all the forceful positions,as well as the vulnerabilities of all the actors involved in international investments, so that, through a full and objective analysis of these aspects, firm regulatory solutions may be extracted.

Keywords: foreign investment; mining; international treaties; national security. (search for similar items in EconPapers)
JEL-codes: K11 K23 K33 (search for similar items in EconPapers)
Date: 2017
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