Legal mechanisms for investor protection in international transactions

Анотація

Introduction. In an era of globalization and deepening economic interdependence, foreign investments are indispensable to the dynamic growth of nations. Yet, the specter of unfair measures by host states—whether through arbitrary regulation or outright expropriation—demands robust legal safeguards. Effective protection mechanisms are not mere niceties; they are the bedrock of investor confidence, the guarantors of capital inflows, and the bulwarks of economic stability. Without them, the principle of fair treatment for investors becomes an empty promise, and the global investment regime risks collapse. Purpose. The purpose of this study is to identify modern legal instruments that safeguard investors in international transactions and to examine the evolving trends in arbitration and judicial practice that shape the standards of fair and equitable treatment. Materials and methods. A broad range of sources examining various aspects of legal investment protection was used in the preparation of this article. The research employed comparative analysis methods to compare international and national regulations, as well as a systematic review of scholarly works on foreign investor protection. A doctrinal analysis of legal positions articulated in arbitration rulings and judicial practice was conducted to identify the most effective mechanisms and illustrate key trends in the development of investment law. Results. The study outlined key contractual instruments that regulate protection against unlawful expropriation and unfair administrative actions.

Ключові слова: investments; international transactions; arbitration; immunity; expropriation; fair and equitable treatment; BIT; ICSID; New York Convention; legal protection

Як цитувати

@article{internauka10871,
  author   = {Khidoyatov, Miraziz},
  title    = {Legal mechanisms for investor protection in international transactions},
  journal  = {Науковий журнал «Сучасна доктрина права»},
  year     = {2025},
  number   = {4},
  doi      = {10.25313/2520-2308-2025-4-10871},
  url      = {https://www.inter-nauka.com/issues/law2025/4/10871}
}

TY  - JOUR
AU  - Khidoyatov, Miraziz
TI  - Legal mechanisms for investor protection in international transactions
JO  - Науковий журнал «Сучасна доктрина права»
PY  - 2025
IS  - 4
SN  - 2520-2308
DO  - 10.25313/2520-2308-2025-4-10871
UR  - https://www.inter-nauka.com/issues/law2025/4/10871
LA  - en
ER  -