The Selected Legal Aspects of Foreign Investment in Australia

in English The purpose of this master's thesis is to introduce a reader into some legal aspects of foreign investment in Australia. And especially those which can be crucial for a foreign investor when contemplating about investing in Australia. The thesis is divided into 6 chapters. The first chapter introduces the topic of foreign investment and the thesis itself. The second chapter familiarizes with the key terms in international investment law, namely, investor (both a natural and legal person) and investment (in economic and legal sense). The third chapter describes the legal framework governing foreign investment in Australia. It provides an overview of domestic and also international legislation. The fourth chapter then deals with admission and establishment of investment in Australia. It covers how this issue is regulated in investment treaties and in domestic legislation, where the most important piece of legislation is Foreign Acquisitions and Takeovers Act. Further, this chapter describes the concept of foreign person and the national interest test. The concept of the national interest test is important as all foreign investments which are notifiable actions are assessed by the Treasurer against the national interest test, which, however, is not defined in legislation. The fifth chapter..