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Showing result 1 - 5 of 54 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. 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

  4. 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

  5. 4. Replacing Investment treaty arbitration? Problems, reform, and transformation

    University essay from Uppsala universitet/Juridiska institutionen

    Author : Sirvan Ahmadzadeh; [2022]
    Keywords : ISDS; ITA; Reform proposal; Transformative proposal; MIC; ICS.;

    Abstract : .... READ MORE

  6. 5. Corruption of the Investor as a Ground for Excluding the Jurisdiction of Arbitral Tribunal in International Investment Arbitration

    University essay from Uppsala universitet/Juridiska institutionen

    Author : Shokhrukh Khamidov; [2022]
    Keywords : Investment law; arbitration; dispute resolution; corruption; jurisdiction;

    Abstract : 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