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Udział Polski w transformacji międzynarodowego prawa inwestycyjnego. Aspekty prawnomiędzynarodowe i konstytucyjne

100%
Kułaga Ł.
Przegląd Sejmowy
|
2018
|
issue 3(146)
103–122
EN
International investment law is in the process of profound reforms, aimed at guaranteeing a better balance between the interests of foreign investors and the interests of host states. Such a process is strictly connected with the dispute resolution mechanism included in the bilateral investment treaties. The controversy resulting from the application of these treaties has led some states to take measures to denounce them. Poland has also taken such an actions, which are currently focused on BITs concluded with other EU Member States due to their potential inconsistency with EU law. The main aim of the article is to present the specifi cs of fi nal clauses of bilateral treaties on the protection and promotion of investments, describing solutions adopted by states in order to terminate those treaties and to present Polish practice in this regard.
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