Essays about: "International Investment Agreements"

Showing result 1 - 5 of 33 essays containing the words International Investment Agreements.

  1. 1. Charting fossil fuel investment protection in the EU beyond the Energy Charter Treaty

    University essay from Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

    Author : Sofia Gierow; [2023]
    Keywords : public international law; EU law; international investment law; Energy Charter Treaty; foreign direct investment; bilateral investment treaty; fossil fuels; fair and equitable treatment; expropriation; legitimate expectations; Law and Political Science;

    Abstract : 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

  2. 2. 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 handelsrätt

    Author : Xiao Wang; [2022]
    Keywords : international investment law; essential security exception; International Centre for Settlement of Investment Disputes ICSID ; Huawei and the Swedish Government; the General Agreement on Tariffs and Trade GATT ; international investment agreements IIAs ; bilateral investment treaty BIT ; host country; Law and Political Science;

    Abstract : 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

  3. 3. A Rebalancing Act? - Human Rights and Environmental Counterclaims in International Investment Arbitration

    University essay from Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

    Author : Ellen Bisting; [2022]
    Keywords : public international law; international investment law; ISDS; international arbitration; human rights; environment; counterclaims; Law and Political Science;

    Abstract : International investment law (IIL) is a highly complex area of law that consists of around 3000 international investment agreements (IIAs) that aim to promote and protect foreign investment. They provide for investor-State dispute settlement (ISDS) which gives investors the right to sue host States directly through international arbitral tribunals. READ MORE

  4. 4. Regulating under IIAs - An Analysis of the Balance of the State’s Right to Regulate and Expropriation

    University essay from Lunds universitet/Institutionen för handelsrätt

    Author : Alexander Gyllenstierna; [2022]
    Keywords : International investment agreements; the state’s right to regulate; expropriation; sustainable development; Law and Political Science;

    Abstract : States or regions conclude IIAs to protect and promote foreign investments, among other things, by prohibiting states’ from ‘taking’ or adopting measures equivalent to ‘taking’ the foreign investors’ property, known as expropriation. However, the state needs regulatory space, but how much is unclear and controversial. READ MORE

  5. 5. A system of weightlessness – Applying the EU general principle of proportionality to secure fundamental rights protection under contemporary EU investment agreements

    University essay from Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

    Author : Pontus Andersson; [2022]
    Keywords : international investment law; public international law; EU law; comparative law; fundamental rights; proportionality; CETA; fair and equitable treatment; right to regulate; Law and Political Science;

    Abstract : At the heart of modern investment law it has since long resided a conflict between extensive investment protection norms and public policy interests of host states. After receiving exclusive competence to conclude international investment agreements governing this interrelation, the EU has tried to cater for those latter objectives through the design of these agreements. READ MORE