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Showing result 1 - 5 of 24 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

  2. 2. From Aggression to Arbitration : Investment Protection in Eastern Ukraine in Light of Russia’s Annexation and the Crimea Jurisprudence

    University essay from Försvarshögskolan

    Author : Davit Khachatryan; [2023]
    Keywords : Crimea; Annexation; Occupation; Moving Treaty-Frontiers; Aggression; Non- Recognition; Territory; International Humanitarian Law; Arbitral Jurisdiction; Eastern Ukraine.;

    Abstract : .... READ MORE

  3. 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 fakulteten

    Author : Anna Perklev; [2023]
    Keywords : public international law; international investment law; international investment arbitration; respondent state counterclaims; counterclaims; bilateral investment treaties; treaty arbitration; ICSID; UNCITRAL; ICC; SCC; Law and Political Science;

    Abstract : 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

  4. 4. Sovereign Immunity from Execution of Arbitral Awards : A Focus on Attaching and Executing Central Bank Assets and 2004 UNSCI

    University essay from Uppsala universitet/Juridiska institutionen

    Author : Aman Prasad; [2020]
    Keywords : Investment Treaty Arbitration ITA ; Sovereign immunity; Enforcement and Execution; Central Bank Assets; UNSCI 2004; International Court of Justice ICJ ;

    Abstract : The past few decades have seen a veritable explosion of investment treaty and other arbitration claims brought against States. Many of these claims have been heard through ICSID arbitration. In comparison to other arbitration frameworks, the ICSID regime has its own self-contained rules for enforcement. READ MORE

  5. 5. Sovereign Immunity from Execution of Arbitral Awards : A Special Focus on Attaching and Executing Central Bank Assets and 2004 UNSCI

    University essay from Uppsala universitet/Juridiska institutionen

    Author : Aman Prasad; [2020]
    Keywords : Investment Treaty Arbitration ITA ; Sovereign immunity; Enforcement and Execution; Central Bank Assets; UNSCI 2004; International Court of Justice ICJ ;

    Abstract : The past few decades have seen a veritable explosion of investment treaty and other arbitration claims brought against States. Many of these claims have been heard through ICSID arbitration. In comparison to other arbitration frameworks, the ICSID regime has its own self-contained rules for enforcement. READ MORE