Ograniczenie roli prawa administracyjnego przez bilateralne traktaty inwestycyjne – na przykładzie prawa ochrony środowiska
The Limitations on National Administrative Law by Bilateral Investment Treaties – Example of Environmental Law
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The following article focuses on the relation between bilateral investment treaties and national administrative law. Bilateral investment treaties play an important role as they offer foreign investors the possibility to invest easily and safely in a given country. Nonetheless, some of the basic regulations within a given BIT may have a deteriorating effect on the application of national administrative law to foreign investors. This article presents some of the typical regulations which can be found in a bilateral investment treaty accompanied by an analysis of how each one of these regulations can limit the role of national administrative law towards foreign investors. This theoretical analysis is followed by an example of the impact BITs have on national regulations of environmental law. The presented approach addresses the issue of how the role of administrative law is diminishing towards foreign investments and what practical risks are possible in the area of environmental protection.
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