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Dmitry K. Labin
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Foreign investments

Investments covered by the International Investment Agreements' protection

One can notice that the parties to most investment treaties intent to provide a broad definition of investment. Typically they provide that every tangible or intangible asset may constitute an investment such as:

  1. movable and immovable property as well as property rights such as mortgage rights or pledges;
  2. shares in and stocks and debentures of a company as well as other forms of participation in company;
  3. claims to money or to any other forms of performance under contract obligations that might have monetary value;
  4. intellectual property rights and intangible elements of enterprise;
  5. commercial concessions.

The US model investment agreement, for example, has some extra transactions which may constitute an investment such as:

  1. licenses and permits, issued in accordance with national legislation, including the ones for fulfillment of production and sale of goods;
  2. any rights, provided by legislation or agreement, including the ones for exploration and exploitation of mineral resources as well as production, management and sale of energy resources and rendering of related services.

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