Essays about: "Bilateral investment treaty"
Showing result 1 - 5 of 23 essays containing the words Bilateral investment treaty.
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1. Protections Against Direct and Indirect Expropriation - How the United States and the European Union use Sanctions and Bilateral Investment Treaties to Protect Intellectual Property
University essay from Lunds universitet/Institutionen för handelsrättAbstract : This paper presents an overview of how the United States and the European Union use their sanctions and Bilateral Investment Treaty policies to protect intellectual property rights overseas from expropriation. Both territories’ policies vary, with American rightsholders more capable of protecting their overseas intellectual property through the United States’ sanctions policy; European Union investors, conversely, are more likely to benefit from Bilateral Investment Treaties signed by the Member States and third countries. READ MORE
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2. Charting fossil fuel investment protection in the EU beyond the Energy Charter Treaty
University essay from Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakultetenAbstract : Under international law, foreign direct investments are protected by a patchwork of bilateral or multilateral investment treaties. International investment agreements have been criticised for protecting foreign direct fossil fuel investments and limiting the regulatory space of host states, thus creating obstacles for a green transition. READ MORE
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3. BITing Back - A Study of the Conditions for Respondent State Counterclaims in Investor-State Investment Arbitration under Bilateral Investment Treaties
University essay from Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakultetenAbstract : In this thesis, I present a study of the conditions for a respondent state to introduce counterclaims in the same arbitration as an investor’s initial claim in a dispute arising from a Bilateral Investment Agreement (BIT). The study shows that although the most widely used procedural frameworks for arbitration explicitly allow for counterclaims, tribunals have adopted a restrictive approach to counterclaims, generally rejecting them, even when the arbitration clause in the relevant BIT has been drafted in a way that leaves open the possibility for the tribunal to rule on other disputes than solely the ones arising from an alleged breach of the host state’s treaty obligations towards the foreign investor. READ MORE
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4. Exchanging Bilateral Investment Treaties and Investor-State Dispute Settlement for the Acquis Communautaire : A three-stage analysis of the effects for investors, the level of investment protection and for the flow of Foreign Direct Investment on the internal market
University essay from Stockholms universitet/Juridiska institutionenAbstract : Through the judgements of Achmea and PL Holdings, the Court of Justice of the European Union (CJEU) has prohibited the use of Investor-State Dispute Settlement (ISDS) as well as the enforcement of any awards stemming from such procedures within the European Union (EU). This means that investors on the internal market can no longer enjoy the protection which was awarded to them by the protection standards inherent in the Bilateral Investment Treaties (BITs) which were previously relied upon by investors in the Member States (MS), and which provided for the possibility of ISDS. READ MORE
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5. The Essential Security Exception under International Investment Law - Analysis of the Dispute between Huawei and the Swedish Government as a Case Study
University essay from Lunds universitet/Institutionen för handelsrättAbstract : Along with the rapid development of investment and trade in the context of economic globalisation, a number of legal issues, risks and disputes related to the essential security exception have gradually emerged in the field of international investment. Although contracting states have consciously agreed on essential security exception regulations in the international investment system, the provisions of essential security exception regulations in investment agreements vary from country to country, and there are differences in the interpretation and application of the exception provisions by arbitral tribunals. READ MORE
