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Showing result 1 - 5 of 19 essays matching the above criteria.

  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

  3. 2. Investment Screening and Scope of Protection of Investment Protection Agreements

    University essay from Uppsala universitet/Juridiska institutionen

    Author : Hüseyin Selçuk Yaylalı; [2022]
    Keywords : Investment Screening; Investment Protection Agreements; Investment Treaties;

    Abstract : Investment screening can be defined as host state’s sovereign judicial and/or administrative authority to monitor the investments, specifically foreign direct investments of the foreign investors. Naturally, host states would use their rights for legislative power especially in sensitive sectors by nature such as defence systems, energy, transportation, natural resources; or sectors that are vulnerable for the host state. READ MORE

  4. 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

  5. 4. 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

  6. 5. Mandatory Business-To-Government Data Sharing: Exploring data protection through International Investment Law

    University essay from Uppsala universitet/Juridiska institutionen

    Author : James Nyamunda; [2021]
    Keywords : data; investment; FET; expropriation; protection;

    Abstract : As more data is gathered, analysed and stored, private companies create new products and unlock new commercial frontiers. Simultaneously, governments are beginning to realise that the laws in place require a revamp for the good of commercial innovation and for execution of governmental prerogatives. READ MORE