Legislation regarding Investment Agreements

Abstract

The article provides an overview of the legislation regarding investment agreements, examines the problems connected with the proper qualification of investment legal relations within the existing legal framework. To regulate investment relations, the author proposes a classification of the legislation regarding investment agreements. In particular, he examines the classification of laws to regulate investment activity according to the division of investment agreements into acts: of civil, public, integrated (mixed), international (international private and international public) character. In the author’s opinion, such division will substantially simplify law enforcement both in theory and in practice. The author also proposes to improve the investment legislation by adopting a fundamental legal act which will include basic principles and concepts of investment activity and which will be the higher law in relation to other legal acts. The existence of the fundamental investment legal act (e.g., Investment Code) will significantly reduce collisions and gaps in the applicable investment legislation.

Keywords:

investment agreement, legislation regarding investment agreements, Investment Code, civil law construction