MJERE POREZNE POLITIKE DRŽAVA KAO PREDMET PREISPITIVANJA U MEĐUNARODNIM INVESTICIONIM SPOROVIMA
TAX POLICY MEASURES OF STATES AS A SUBJECT OF REVIEW IN INTERNATIONAL INVESTMENT DISPUTES

Summary/Abstract: It is commonly viewd that tax policy as a manifestation of fiscal sovereignty should not be reassessed. Nevertheless, tax policy measures tend to have significant implications in international legal relations (i.e. international investments). Contemporary trends in international investment law lead to the explicit exclusion of tax issues from bilateral or multilateral investment agreements, but arbitral tribunals are often obliged to examine the effects of tax policy measures of the host country. The aforementioned is determined as the research subject. The task of the research is to accentuate discrepancy between interests and obligations of states to sovereignly create and implement fiscal policy measures, interests of foreign investors and obligations of states in order to protect investor’s rights. Methodologically, the comparative method will be used in order to compare decisions of arbitration tribunals in this matter as well as solutions of the relevant international organizations. Also, we will analyse theoretical research implemented by other authors with the aim of confirming/ refuting the position on the inviolability of the state’s fiscal sovereignty.

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