Chapter 12 Assessing the Role and Effects of Domestic Investment Statutes in Frozen Conflict Situations: The Example of Transnistria/Pridnestrovie
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Abstract
Situated—depending on the perspective—east of or in the east of the Republic of Moldova, Transnistria claims to be independent from Moldova, while Moldova, backed by the international community of states, continues to assert sovereignty over it. This chapter assesses the 2018 ‘Law of the Pridnestrovian Moldavian Republic on State Support for Investment Activities’ as an example of a domestic investment statute in a ‘frozen conflict’ situation. In a first step, the chapter provides background information on the case of Transnistria with a particular focus on its current economic situation and the investment climate in this autonomous territorial entity. The second part, primarily in order to illustrate the importance of the recently adopted Transnistrian investment statute, briefly evaluates the current relevance, or irrelevance, of international investment treaties for foreign investors doing business in Transnistria. Against this background, the third and central section gives a systematic overview and assessment of the notable regulatory features characterizing the 2018 Transnistrian investment law. Based on the findings made in the third part, the chapter concludes, in a fourth step, with an evaluation of the Transnistrian investment regime in light of the overall normative relevance of domestic investment statutes, thereby in particular also addressing the question whether frozen conflict situations actually influence the content and regulatory approaches of investment codes adopted by concerned territorial actors.