CEU Electronic Theses and Dissertations, 2017
| Author | Buriak, Svitlana Igorivna |
|---|---|
| Title | Tax measures under international investment treaties: current regulation, arbitral practice and perspectives |
| Summary | Taxes are valuable for the states to protect the public interests of their citizens and sustainable economic development, to raise necessary funds to finance the state projects, to guarantee the rights of the citizens for the good life conditions. The importance of the state sovereignty in the regulation of the tax policy affect the low level of the foreign investors’ protection under the International Investment Agreements. However, the recent investment arbitral practice shows that investment disputes involving the taxation matters became more frequent and suitable for the investors’ interests protection. This thesis analyses the relevance of the tax measures under the investment treaties. The first chapter provides the importance of the Bilateral Investment Treaties (BITs) for the stable planning of the business conditions by investors. It compares two types of the treaties - investment and double taxation treaties and concludes on the necessity of the existence of both of them. The chapter also examines BITs on the issue of the coverage the tax matters by them. The second chapter overviews the arbitral practice of the investor-state investment disputes on tax matters in the framework of the substantive standards of protection e.g. expropriation, fair and equitable, national and most-favored nation treatment and freedom of transfer of capital. The last third chapter outlines the great sensitivity of the states to their tax policy and regime. Abusive conduct of the huge multinational companies in tax matters requires some tools to protect the states’ interests. Furthermore, last part of the thesis analyses the justifications of the states’ behavior to the violations of the investment standards. The theses focus on the current arbitral decisions and interpretation of the substantive standards in the light of taxation. Some recommendations for the development of the BITs in tax field are provided as well. |
| Supervisor | Petsche Markus Aurel |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2017/buriak_svitlana.pdf |
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