Application of national treatment in the foreign investments law of Serbia

Zbornik Radova: Pravni Fakultet u Novom Sadu

Divljak Drago Lj.¹ 

[1] University of Novi Sad, Faculty of Law, Novi Sad, Serbia;

关键词: national treatment;    foreign investor;    bilateral investment agreements;    legal regulating;    field of application;    system of exemptions;   

DOI  :  10.5937/zrpfns49-9522

来源: DOAJ

【 摘 要 】

National treatment of foreign investors in the Serbian law, primarily the content, field and reach of its application, including the system of exemptions, all in the comparative context makes the subject of study in the paper. A new investment related legislation of Serbia anticipates the application of national treatment on a wide and more precisely regulated basis. In addition, our country has concluded a number of bilateral agreements on protection of investments, which, by the rule, contain the obligation to observe the principle of national treatment, in a relatively standardized form. In terms of content, our law has accepted a concept where national treatment is formally reduced to equal treatment of foreign and domestic investors. We evaluate positively the fact that a new system of stimulations enables avoiding the possibility of bringing foreign investors in actually privileged position compared to domestic investors, which used to happen periodically before. Speaking in general, the above-mentioned treatment in our law is legally stipulated in the framework of international comparative standards, including the system of exemptions. The lack of new legislation is that it displaces their regulating from the investment related legislation into special laws, which reduces the effective transparency and possibility for foreign investors to manage more easily. However, it is obvious that our country has managed to get closer in this field to its conceptual goal to establish a system of protection of foreign investors at a rational basis, while maintaining a stimulative legal environment for their investments and protecting its own interests.

【 授权许可】

Unknown