The article presents the findings of a study on the system of legal guarantees ensuring the exercise of rights and legitimate interests of foreign investors in the host State. It examines the relationship between universal international legal standards and special investment-related guarantees shaped through multilateral and bilateral treaty mechanisms. It is argued that such guarantees constitute legally binding means aimed at protecting investment-related property and maintaining the predictability of the legal regime, including both substantive and procedural elements of protection. Particular emphasis is placed on balancing public interests with private autonomy, as well as on the unity of the legal order and the consistency of law enforcement as factors determining the practical effectiveness of undertaken obligations. The article concludes by demonstrating the functional interdependence of general standards and treaty-based instruments as a foundation for a stable foreign investment protection regime.
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Dmitry Semenovich Belkin
Institute of Slavic Studies
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Dmitry Semenovich Belkin (Fri,) studied this question.
www.synapsesocial.com/papers/69c4cc02fdc3bde44891750f — DOI: https://doi.org/10.64457/ru-science-2017-i03-a03