Essays about: "international investment law"
Showing result 6 - 10 of 98 essays containing the words international investment law.
-
6. 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
-
7. 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
-
8. Recognition and Enforcement of International Investment Arbitral Awards in the People's Republic of China : the legal obstacles and problems under the ICSID Convention and the New York Convention
University essay from Uppsala universitet/Juridiska institutionenAbstract : The enforcement mechanism of international investment arbitral awards is an es- sential safeguard for resolving investment disputes. Under the existing machinery, the ICSID Convention and the New York Convention provide an effective legal framework for the enforcement of international arbitral awards. READ MORE
-
9. The "EU Climate Bank"? - A study on the environmental commitments of the European Investment Bank and the alignment with the right to a healthy environment
University essay from Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakultetenAbstract : This thesis examines the relationship between international finance and environmental rights, and how the concept of sustainable finance has emerged as a response to climate change and the rapid transition towards a sustainable economy. Multilateral development banks (MDBs) are a key player in the transition to a green economy, contributing to 68% of global climate finance. READ MORE
-
10. Corruption of the Investor as a Ground for Excluding the Jurisdiction of Arbitral Tribunal in International Investment Arbitration
University essay from Uppsala universitet/Juridiska institutionenAbstract : Corruption, and in particular the bribery of public officials, causes great harm to society, especially in countries with economies in transition and in developing countries. Pervasive corruption affects both citizens and businesses. READ MORE
