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2016, vol. 64, iss. 1, pp. 67-83
A decisive half-step forward: Review of the Law on investment
University of Belgrade, Faculty of Law

emailpavic@ius.bg.ac.rs
Abstract
The desire to attract foreign investment, combined with the drive to declare foreign and domestic investors 'equal' has resulted in a recent legislative change - 2002 Law on Foreign Investment has been replaced with the Law on Investment. The new law is, however, of limited impact, suffers from conceptual deficiencies and contains only a couple of improvements when compared with the prior legal regime. The legislatior was evidently reluctant to part for good with the concept of 'laws protecting foreign investment', or to give up on idea of a quick-fix for systemic problems plaguing the entire legal system. Instead, it tried to shield the investors from such problems only, often resorting to dubious solutions. The real improvement of the legal environment for investment requires careful improvement of the existing laws and their robust enforcement. In addition, Serbia could in the meantime expand and modernize its existing network of bilateral investment treaties.
References
Jovanović, M. (2014) Odgovornost države za zaštitu stranih direktnih ulaganja. Beograd, doktorska disertacija
Kjos, H.E. (2013) Applicable law in investor-state arbitration: The interplay between national and international law. Oxford: OUP
Varadi, T., Bordaš, B., Knežević, G., Pavić, V. (2012) Međunarodno privatno pravo. Beograd
Živković, M. (2015) Acquisition of ownership of real property by contract in Serbian law: Departing from the titulus-modus system?. Anali Pravnog fakulteta u Beogradu, vol. 63, br. 3, str. 112-126
 

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article language: Serbian
document type: Paper
DOI: 10.5937/AnaliPFB1601067P
published in SCIndeks: 09/09/2016