Enerji yatırım uyuşmazlıklarında yetki sorunu ve esasa uygulanacak hukuk
Özet
Foreign direct investment (FDI) became the ultimate way of trans-border capital flow in the "the new international economic order" which has been established in the post-war era. The significance of FDI both for capital importing and capital exporting states, transformed the control on these investments to a major field of dispute. "The applicable law" and "the jurisdiction on dispute resolution" composes two main pillars in the establishment of the control on the investments. Due to that, these two topics emerge as the most controversial areas of "law on foreign investment" since its foundation in the beginning of 1950's. During the colonial era protection of FDI was provided by the use of political and military force. However, following the termination of colonialism, use of military force became an unviable option. Thus, seek for the protection of foreign investments by a legal regime accelerated and the "law on foreign investment" is established under the auspices of capital importing states and international capital institutions. The main concern in the establishment of law on foreign investments is to isolate the investments from the home state's interventions by the use of sovereign power and thus eliminate home state's control thereon. In the achievement of this goal, substantial and procedural clauses of investment treaties have been engaged. In the context of the thesis, "applicable law" and "the jurisdiction on dispute resolution" on which the struggle for control intensifies is evaluated with regard to energy investments. The thesis is composed of four parts, including introduction and conclusion. In the context of the first part evolution of the institutions and vehicles of investment law is conducted. In the second part, the elements of energy investments and the investment disputes which are deemed to be the main components of jurisdiction and the applicable law are dealt. In the third part, the dispute resolution methods of energy investments and the conditions of jurisdiction are researched. In the last part the applicable law to the investment disputes is evaluated.