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Investment Protection in the European Union

Nico Basener

Series: Studien zum Internationalen Investitionsrecht

Volume 26 2017

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Outlook regarding the EU’s future investment policy S. 499-502

„… 499 Part IV: Outlook regarding the EU’s future investment policy The previously demonstrated …” „… in-depth discussion regarding the future of investment protection within the EU. While this thesis …” „… investment policy, especially through the conclusion of comprehensive trade agreements such as TTIP, CETA …”

Investment protection in the European Union: the rise of potentially conflicting legal frameworks in the European Union S. 33-190

„… .: http://investmentpolicyhub.unctad.org/IIA [last checked on 28/02/2017]. Part I: The two separate frameworks of investment protection in …” „… : investment-protection through IIAs I. Guiding principles of investment protection through IIAs Investment protection …” „… 33 Part I: Investment protection in the European Union: the rise of potentially conflicting legal …”

Literature S. 513-548

„… Chaisse, Julien: Promises and Pitfalls of the European Union Policy on Foreign Investment—How will the New …” „… /01/3 - Award European American Investment Bank AG (Austria) vs. The Slovak Republic, referred to as …” „… Investments B.V. (The Netherlands) vs. The Czech Republic, referred to as: Saluka vs. Czech Republic …”

Titelei/Inhaltsverzeichnis S. 1-22

„… in the EU 70 A. The IIA framework: investment-protection through IIAs 70 I. Guiding principles of …” „… : „investment“-protection in EU law 108 I. Guiding principles of EU law 109 II. Substantive protection and its limits under …” „… Ba se ne r • In ve st m en t Pr ot ec ti on in t he E ur op ea n U ni on Investment …”

Introduction S. 23-32

„… aspect of these agreements is the inclusion of an investment protection mechanism in both agreements.3 …” „… the investment agreement […]. It’s about stopping parliament[s] from passing regulations that would …” „… protect our economy, our people, our health.”4 The general concept of such investment protection …”

Conflicts between IIAs and EU Law in the extra-EU setting S. 335-498

„… IIAs and tries to renegotiate diverse mixed agreements with non-member states to unify the investment …” „… especially the question whether investment related provision will, after all, be included in such agreements …” „… Regions - Towards a comprehensive European international investment policy, 07/07/2010 and the various …”

Conclusion S. 503-512

„… chapters will be briefly summarised: Thesis no.1 (Part I): EU law and international investment law are …” „… competing and conflicting legal frameworks International investment protection in the EU is characterised …” „… . 1. Sub-Thesis (Chapter 1 and 2): Investment protection through IIAs was conceived as a …”

Conflicts between EU Law and IIAs in the intra-EU setting S. 191-334

„… international investment law, regarding the potential applicable laws and the influence of domestic laws on the …” „… of applicable law to an international investment arbitration dispute rising from an IIA; • The …” „… Chapter 5). Chapter 6: Considering IIAs in intra-EU investment proceedings 193 Chapter 6: Intra-EU …”

doi.org/10.5771/9783845285719

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General Exception Clauses in International Investment Law

Levent Sabanogullari

Series: Successful Dispute Resolution

Volume 7 2018

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Chapter Two International Investment Treaty Practice Relating to General Exception Clauses S. 53-115

„… found in fully-fledged BITs, to agreements with merely limited investment-related provisions that focus …” „… limited investmentrelated provisions and the remaining three focused merely on investment cooperation or …” „… merely limited investment-related provisions that focus, for instance, on investment liberalization in …”

Chapter Four The Role, Rationales, and Risks of General Exception Clauses in International Investment Law S. 156-188

„… The Role, Rationales, and Risks of General Exception Clauses in International Investment Law The …” „… Role of General Exception Clauses in International Investment Agreements Upon their conclusion, IIAs …” „… constrain the sovereign right of host States to control the process of foreign investment within their …”

Chapter Three The Presence or Absence of General Exception Clauses in International Trade and Investment Law – a Historical Narrative of Different Economic Ideologies S. 116-155

„… The Presence or Absence of General Exception Clauses in International Trade and Investment Law – a …” „… transplantation between the realms of international trade and investment law, it also presupposes that the use of …” „… transplantation from the trade treaty system to the investment treaty world. This necessarily begs the question …”

Bibliography S. 419-434

„… Investment Protection In: 17 Finnish Yearbook of International Law pp. 91-130 (2008). Aaken, Anne van …” „… . International Investment Law Between Commitment and Flexibility: A Contract Theory Analysis In: 12 Journal of …” „… International Economic Law, pp. 507-538 (2009). Aaken, Anne van. The International Investment Protection Regime …”

Chapter One Introduction S. 21-52

„… appearance of general exception clauses in a new generation of international investment agreements (IIAs).1 …” „… under international investment law. When a host State takes a regulatory measure to pursue noneconomic …” „… may conflict with the goal of investment protection under IIAs. This begs the legal question: Can …”

Chapter Five The Interpretation of General Exception Clauses S. 189-289

„… arise once investment tribunals are called upon to adjudicate for the first time on general exception …” „… the scope of investment protection guaranteed under current and future IIAs including a general …” „… investment norms, it is important to recall that the interpretation of investment treaties is undertaken …”

Chapter Six The Relevance of General Exception Clauses for Selected Individual Standards of Treatment S. 290-305

„… between the new general exception provisions and three traditional investment obligations. General …” „… investment protection.907 Virtually all modern IIAs contain specific provisions, stipulating preconditions …” „… Chapter Two, Part B. 907 See Dolzer/Schreuer, Principles of International Investment Law, p. 98 (2012 …”

ANNEX I: General Exception Clauses in Current IIAs S. 309-402

„… between investors, or a disguised restriction on investment or investment-related international trade …” „… investment-related international trade. Canada – Hong Kong FIPA Entry into force: 6 September 2016 Article 17 General …” „… between investors, or ii. a disguised restriction on investment or investment-related international trade …”

Titelei/Inhaltsverzeichnis S. 1-20

„… at io na l I nv es tm en t L aw 7 Nomos General Exception Clauses in International Investment Law …” „… Successful Dispute Resolution Levent Sabanogullari The Recalibration of Investment Agreements via WTO-Based …” „… Clauses in International Investment Law The Recalibration of Investment Agreements via WTO-Based …”

Chapter Seven Conclusion S. 306-308

„… emphasize that a host State cannot be forced to adopt less investment-restrictive measures that would result …” „… objective, it is unlikely that the tribunal would find less investment-restrictive alternatives to plain …” „… the respondent in an investment claim brought by a Hong-Kong-based investor. However, as Chapter Two …”

Table Of Cases S. 411-418

„… Investments, Inc. v. The Government of the United Mexican States, Final Award, 15 November 2004 Glamis Gold …” „… Investments v. The Czech Republic, Partial Award, 17 March 2006, 15 ICSID Reports 274 Table Of Cases 413 S.D …” „… , adopted 17 December 2007 Canada – Administration of Foreign Investment Review Act, Panel Report, BISD 30S …”

doi.org/10.5771/9783845291932

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Protection of Foreign Investment in Context

Khrushchev Ekwueme

Series: Nomos Universitätsschriften - Recht

Volume 496 2007

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Investment Inflows S. 257-259

„… 257Chapter ElevenThe Effects of the Investment Laws and Agreements on Investment Inflows11.1 …” „… . IntroductionIn the preceding chapters, Nigeria’s principal investment laws, BITs and some aspects of the …” „… investment (»FDI«) into Nigeria. The aim ofthis chapter is to garner together a variety of data relating to …”

Definition of Investment S. 164-165

„… 1646.4. Definition of InvestmentThe definition of »investment« under the NIPC Act is crucial to the …” „… determinationof the level of investment-protection provided by the law. Section 32 of the NIPCAct defines …” „… investmentare themselves considered as investment. Specifically, the definition of »investment« under the NIPC …”

Admission Of Investment S. 166-170

„… InvestmentIn recognition of the importance of coherent and centralized promotional effortsdirected at …” „… . For instance, Egypt’s InvestmentLaw 230 allows an aggrieved foreign investor to appeal against a …” „… resources into use in other countries. In this respect, the NIPC Act positively departs from the investment …”

Open-ended Definition of Investment S. 276-277

„… below.12.4. Open-ended Definition of InvestmentAlthough the open-ended definition of investment under …” „… facilitating foreign investment by means of a multilateral agreement isunnecessary.However, one supports the …” „… idea of a multilateral agreement replacing BITs andthe investment rules in regional trade agreements …”

Admission and Approval of Investment S. 120-122

„… obligations under the CISS agreement.4515.5. Admission and Approval of InvestmentThe general rule is that a …” „… substantial investment in thePhilippines because it employed a significant number of people and provided …” „… State to admit investments of446 SGS v. Philippines Decision on Jurisdiction of January 29, 2004 …”

The Relevance of Source of Investment S. 165-166

„… 1656.5. The Relevance of Source of InvestmentGenerally, the source of investment may be relevant to …” „… InvestmentIn recognition of the importance of coherent and centralized promotional effortsdirected at …” „… its entitlement to the protection of an investment law. This is the case where the investment …”

The Preamble of Bilateral Investment Treaties S. 110-111

„… programmes, whereby they seek to assist some developing countries improve their investment climate in order …” „… non-commercial risks to the investments of its nationals in the territory of a given host State that is a …” „… theirdiplomatic and political relations with other States.400 5.3. The Preamble of Bilateral Investment …”

The Emergence and Growth of Investment Treaties S. 108-110

„… Dispute Settlement Clauses in Swiss Bilateral InvestmentTreaties«, (2002) 20 ASA Bulletin 27. According to …” „… treaties should accord investments of their investors beyond the guarantee against expropriation and …” „… breaches of the fair and equitable treatment obligation in investment treaties. This chapter will focus …”

The Effect of Bilateral Investment Treaties S. 102-103

„… principles recognized by the Constitution and the Investment Law of Kuwait.349 It further opinedthat …” „… .«3524.5.2. The Effect of Bilateral Investment TreatiesThe explosion of bilateral investment treaties between …” „… States for the protectionand promotion of foreign investment is a good indicator of the practice of …”

Bibliography S. 313-324

„… .Graham, Edward M. and Pierre Sauvé, »Towards a Rules-based Regime for Foreign Investment:Issues and …” „… and Bunmi Fagbemi (eds.), Nigeria’sForeign Investment Laws and Intellectual Property Rights, London …” „… Good Corporate Citizens in International Business«,(1989) 4 (1) ICSID Review-Foreign Investment Law …”

Preface S. 23-24

„… of strategy directed at proactive pursuit of foreign investment.Conventional wisdom coalesces around …” „… investment,Nigeria, in no distant past, took some significant steps to improve its credibilityas a destination for …” „… relating to the protection of foreign investment in the context of Nigeria’s investmentlaws, petroleum …”

Scope and Structure of the Study S. 27-29

„… 27sues concerning the political risks facing foreign investment, investment regulation, and …” „… settlement of investment disputes not just to provide answers to the problems raised, but also to stimulate …” „… investments, andwhether it covers covert deprivation of property.2) Searching for the dividing line between …”

The Right of Establishment S. 279-281

„… the establishment and acquisition of investment,the OECD MAI has been correctly characterized as »a …” „… investment.The pro-development and preferable approach is for a future MAI to subjectthe admission and treatment …” „… , including the power to farm-out marginal fields, from a futureMAI. The Contracting Parties to investment …”

Nigeria-Germany BIT of 28 March, 2000 S. 332-340

„… principal and additional amounts to maintain or increase the investment;(b) the returns;(c) the repayment of …” „… therefrom shall enjoy the same protection as the investment.(b) Without prejudice to any other method of …” „… THE ENCOURAGEMENT AND RECIPROCAL PROTECTION OF INVESTMENTS ABUJA, NIGERIA 28TH MARCH, 2000The Federal …”

The Scope of the NIPC Act S. 162-164

„… foreign investment.Consequently, the government of General Sani Abacha, which toppled the …” „… investment and portfolio investment.See U. Häde, »Der völkerrechtliche Schutz von Direktinvestitionen im …” „… generation. See Aremu, supra note 584, at 11.1646.4. Definition of InvestmentThe definition of »investment …”

The Case against MAI S. 275-276

„… directly on investment.1057 The inclusion of investmentrelated-matters in TRIMS and GATS during the Uruguay …” „… Definition of InvestmentAlthough the open-ended definition of investment under the OECD MAI has beenseverely …” „… investment dispute.12.2.3. Multilateral Liberalization of the third Pillar of GlobalizationAlthough the …”

General Standard – Fair and Equitable Treatment and Full Protection and Constant Security S. 122-134

„… which, in the case of the NAFTA, contains not only investment-protection but also extensive disciplines …” „… Stateto provide a stable and transparent legal environment for foreign investment.Given the expansive …” „… territory of either Contracting Party in connectionwith the investment covered by the treaty.455 5.6 …”

Nigeria-U.K. BIT of 11 December, 1990 S. 325-332

„… Protection of InvestmentsAbuja, 11 December 1990[This agreement entered into force on 11 December 1990 …” „… conditions for greater investment by nationals andcompanies of one State in the territory of the other …” „… State;Recognizing that the encouragement and reciprocal protection under international agreement of such investments …”

Reducing the Complexity of the Current Regime S. 273-275

„… investment.1057 The inclusion of investmentrelated-matters in TRIMS and GATS during the Uruguay Trade Round …” „… Investment:Commentary«, 1 (1991) LSJGD 2.274ment stage of investment,1049 while most other BITs guarantee foreign …” „… foreign investment, thereby encouraging the expansion of existing foreign investments and the promotion of …”

Material Scope S. 111-114

„… of Article 1 of the Treaty thatdefines »investment« and »investor« under the Treaty. The preamble to …” „… between themselves, particularly with respect to the investment of nationalsand companies of each Party in …” „… other provisions of the treaty made SINZA an investment of AMT.410 5.4. Scope and Application of …”

Introduction S. 154-155

„… 154Chapter SixProtection of Investment under the NIPC Act 6.1. IntroductionThe Nigeria Investment …” „… recent national investment laws, which usually depart from post-colonial investment laws in Africa.577The …” „… basic philosophy underpinning the NIPC Act is open door policy to investments, and its aim is to …”

Most-favoured-nation Treatment S. 134-138

„… implication, the model treatyexcludes from successive U.S. investment treaties the transparency …” „… its territory subject investment or returns of nationalsor companies of the other Contracting Party to …” „… the treatment less favourable than that it accords to investments or returns of its own nationals or …”

Material Jurisdiction S. 241-242

„… 241and Nevis, and that the investment agreement at issue was signed by the Premierof Nevis …” „… directlyfrom investment. The World Bank Executive Directors’ Report accompanying theICSID Convention adopted a …” „… According to Article 26 of theReport, for a dispute to qualify as an investment dispute it must concern »the …”

Final Conclusion S. 299-306

„… proprietary value of foreign investmentor deprive a foreign investor of the property rights in his investment …” „… the conclusion of investment treaties by the FGN have not opened the floodgate of foreign investmentin …” „… investment.Among all these problems, corruption is the most serious because it has broadnegative impact on the …”

Introduction S. 107-108

„… InvestmentTreaties«, (2002) 20 ASA Bulletin 27. According to Liebekind, Switzerland signed its firstBIT with Tunisia …” „… 107Chapter FiveInvestment Protection under Bilateral Investment Treaties5.1. IntroductionOne of the …” „… mechanisms for regulating foreign investment is the conclusion of abilateral investment treaty (»BIT«).372 A …”

Excerpts from the NIPC Act, 1995 S. 340-343

„… , exhibitions, conferences and seminars for the stimulation of investments;(h) maintain liaison between …” „… concerned with investments;(i) provide and disseminate up-to-date information on incentives available to …” „… 340NIGERIAN INVESTMENT PROMOTION COMMISSIONDECREE NO. 16 of 1995PART 1 – ESTABLISHMENT OF THE …”

Consent to ICSID’s Jurisdiction under Section 26(2) of NIPC Act S. 226-230

„… under Section 26(2) of NIPC ActSome national investment codes explicitly provide for recourse to the …” „… ICSID forthe resolution of investment disputes between host States and foreign investors.An example of a …” „… host State’s unambiguous submission to ICSID’s jurisdiction viaits investment code may be found in …”

Performance Requirements S. 281-284

„… of corporations.The FGN has removed virtually all investment-distorting performance requirements from …” „… 281and conditions for the admission of foreign investment into their territories. TheHavana Charter …” „… for the establishment of the ITO followed this approach by encouraging investment on the one hand and …”

Definitional Approach S. 277-279

„… the establishment and acquisition of investment,the OECD MAI has been correctly characterized as »a …” „… enterprises from the definition of investment in a future MAI will reassure a countrylike Nigeria that its …” „… difference between the definition of »investment« under theOECD MAI and Nigeria’s BITs considered in this …”

Catching up with Global Economic Reality S. 272-273

„… Investment:Commentary«, 1 (1991) LSJGD 2. …” „… 272visions relate to the sensitive and contentious aspects of international investmentrule-making …” „… and national policy-making such as:? Definition of investment and definitional approach? Right of …”

Introduction S. 271-272

„… 271Chapter TwelveThe Failed Attempt to Conclude a Multilateral Agreement on Investment: A Case …” „… investment, attention still focuses on bringing foreign investment within the framework of multilateral rules …” „… . Another notable attempt, albeit botched, to establish comprehensive rules on foreign investment was madeby …”

Aims of Study S. 26

„… investment. Even though this work basically addresses legal issues, it examines certain socio-political …” „… problems intimately related to foreign investment inNigeria.This is neither the first nor the last study on …” „… foreign investment in Nigeria.There are four standard books on foreign investment in Nigeria.9 Without …”

Titelei/Inhaltsverzeichnis S. 2-16

„… Nomos UniversitätsschriftenRechtBand 496Khrushchev EkwuemeProtection of Foreign Investment in …” „… ContextNigeria’s Investment Laws, Treaties, and Petroleum AgreementsNomos1. Auflage 2007© Nomos Verlagsgesellschaft …” „… supervisor at Harvard Law School for provoking my thoughtson the cutting edge developments in the investment …”

Introduction S. 220-222

„… InvestmentTreaties«, (2001) 16 (1) ICSID Review–FILJ 20-21. …” „… International Centre for the Settlement of Investment Disputes remains themost prominent and the leading …” „… institution for the resolution of investment disputes in the world. The Centre widely known as »ICSID« was …”

After the OECD: Quo Vadis the MAI? S. 295-297

„… elaborate agreement on investment.Above all, looking at the policy direction of the WTO on a MAI, there is …” „… multilateral treaty on investment because the membership of theorganization represents more or less the …” „… between investment and trade and in the organization’s working group on the relationship between trade and …”

Protection against Expropriation, Nationalization and Indirect Taking S. 146-148

„… from the liquidation or the sale of the whole or any part of the investment;the compensation provided …” „… , Nationalization and Indirect TakingGenerally investment treaties recognize the sovereign right of host States to …” „… takeforeign investment in their territories. They also recognize that measures short ofoutright expropriation …”

Conclusion S. 242-243

„… 242an investment dispute between the investor and the Nigerian government will notcome within the …” „… jurisdiction of the ICSID extends to investment disputes arisingfrom international torts. It is now settled …” „… its security officers failed to protect its investment fromdestruction by villagers in the Niger Delta …”

Business Permits, Expatriate Quotas, Resident Permits and other Services S. 170-173

„… the ICSID tribunal waswhether the claimant’s expenditures constituted investment, a sine qua non for …” „… the agreement of the respondent, the claimant’s precontract expenditures did not constitute investment …” „… pre-investment and development expenditures in the sense of the present casecould automatically be admitted as …”

Incentives S. 284-286

„… and gas are the main resources driving foreign investment in Nigeria, it is expected that the …” „… Uruguay Round Negotiations on Investment«, (1999) 33 (6) JWT 2-3. 1104 M. Daly, »Investment Incentives and …” „… the Multilateral Agreement on Investment«, (1998)32 (4) JWT 8.285nesses may also be subsidized …”

Public Purpose and National Interest S. 175-177

„… foreign investments and such, an investmentenactment ordinarily should reflect »the foreign investor’s …” „… the taking of investment. The omission of the requirement of non-discrimination, which is often …” „… referred to alongwith public purpose in national investment laws and BITs, does not carry …”

Effect of ICSID Arbitration Clause in a BIT S. 222-226

„… Law in ICSID Arbitrations Initiated under InvestmentTreaties«, (2001) 16 (1) ICSID Review–FILJ …” „… Settlement of Investment disputes (hereinafter referred to as »the Centre«) for settlement, conciliation or …” „… arbitration under the Convention on the Settlement of Investment Disputes between States and Nationals of …”

Administrative Barriers and Capacity Building Problems S. 266-268

„… despitethe establishment of an inter-governmental national investment authority, foreigninvestors still have …” „… to deal with other regulatory institutions. Investment policyimplementation in the country remains …” „… confusing because the practical powers ofthe Nigerian Investment Promotion Commission are not clear. A good …”

Colonial Era S. 155-157

„… , which imposed equity participation restrictions on foreign investment, the FEMMP Act repealed the …” „… to the admission and treatment of foreign investment in the country. Thesalient changes introduced by …” „… the two enactments buttress the investment liberalization goal underpinning Nigeria’s investment …”

Constituent Subdivision or Agency S. 239-241

„… an investment treaty issilent on the right of a minority shareholder of a company incorporated in any …” „… of Investment Disputes between States and Nationals of Other States«, (1974-5) 47 BYIL 233-4.240the …” „… entertain a dispute basedon an ICSID arbitration clause contained in Article 16 of the investment agreement …”

National Treatment S. 138-143

„… that Art. 1102(2) refers to »investments«whereas Art. 1102(1) refers to »investors«. 532 Ibid., at para …” „… material treatment of foreign investment to more favourable disputesettlement mechanisms. The Tribunal …” „… reasoned that, in the absence of an explicitagreement, States concluding investment treaties with specific …”

Taking and Compensation S. 286-288

„… government action interferes with distinct, reasonable investment-backed expectations; andIII. the character …” „… obligation is included in almost all investment treaties, including those concluded by Nigeria. One does not …” „… forthe taking of foreign investment. It has already been noted that it is difficult to draw a clear line …”

Conclusion S. 269-270

„… since privatization contracts often provide for further investments in the privatized assets after the …” „… a privatization programme indirectly has a positive effect on the investment climate of the …” „… investments into the country on a regular basis. 11.4. ConclusionAgainst this background, one could question …”

Conclusion S. 297-298

„… 297eign investment should be by consensus.1148 The other ground for optimism is thatthe provisions …” „… an investment agreement that isacceptable to all WTO Members may contain …” „… lowest-common-denominatorstandards. Furthermore, given the sensitivity of foreign investment regulation andthe failure of the OECD …”

Monopoly S. 268-269

„… that inflows of certain foreign investments do not dependsolely on the availability of natural …” „… resources (some investments are known as resource-seeking FDI) or on the size of the host State’s market …” „… expansion of private investment and increased private participa-1023 World Bank, supra note 646, at 86.1024 …”

The Period from 1979 to 1994 S. 160-162

„… foreign investors would like to participate in the management and control of their investments.Furthermore …” „… was perceived as seriously unfavourable for foreign investment.Consequently, the government of General …” „… into joint venture arrangements with Nigerians sold their investments inthe country.605 As a result of …”

Currency Transfer S. 178-180

„… infreely convertible currency, of a) dividends or profits (net of taxes) attributable to the investment;b …” „… interest attributable to the investment.«In the same vein, Section 15(4) of FEMMP Act stipulates …” „… convertible currency, relating todividends or profits (net of taxes) attributable to the investment:payments …”

Temporal Scope S. 117-119

„… give treaty protection notonly to existing investments, i.e. investments made before the entry into …” „… force ofthe treaty, but also to future investments, i.e. investments made after the entry intoforce or …” „… protect investments of their investors for an additional periodof 15 years after the termination of either …”

Subrogation S. 149-151

„… applies onlyto investments that have been in the territory of the Contracting Parties for a specific …” „… investments madeby their nationals in the territories of States that conclude BITs with them is bygranting …” „… ) of the U.K.-Hungary BIT of March 9, 1987.563 UNCTAD, World Investment Report, Geneva: United Nations …”

Introduction S. 257

Monetary Transfer S. 148-149

„… from the liquidation or the sale of the whole or any part of the investment;the compensation provided …” „… transfer of the paymentsconnected with foreign investment is of utmost importance to foreign investors.558 …” „… transfer out of its territory in convertible currency of payments connected with their investments. The …”

The Right to Own Property S. 49-51

„… Economic Effects of Expropriation and Nationalisation of ForeignInvestment, Konstanz, 1983, 16.50In the …” „… absence of a treaty giving foreign investors an automatic right to establish their investments in foreign …” „… investment into its territory.85Therefore, a prospective foreign investor ought to satisfy the conditions …”

Dispute Settlement Between the Contracting Parties S. 151-153

„… of foreign investmentand to reduce the political risks facing foreign investment in Nigeria. The …” „… settlement of investment disputes in modernBITs. These mechanisms provide for two different procedures for …” „… mechanism for thesettlement of investment disputes. Then, the vertical clauses were rare and wereonly …”

Appellate Review S. 288-290

„… regulations or take non-arbitrary measures, which may negatively affectforeign investment. In addition, it …” „… . Such a regime will offer more certainty and probably reduce the number of investment …” „… disputes.Furthermore, the clause on compensation should be flexible enough to allowadjudicators of investment disputes …”

Attributability S. 71-76

„… attributable to the State concerned. In the context of protection of foreign investment,the taking must be …” „… his investment,and failed to take adequate measures to protect it or failed to act against the …” „… foreign investment. This case was decided within the framework of the United Kingdom-Sri Lanka BIT of …”

Multilateral Liberalization of the third Pillar of Globalization S. 275

„… directly on investment.1057 The inclusion of investmentrelated-matters in TRIMS and GATS during the Uruguay …” „… investment dispute.12.2.3. Multilateral Liberalization of the third Pillar of GlobalizationAlthough the …” „… area of international tradethan in the area of foreign investment. According to Professor Jackson, the …”

Abbreviations S. 17-22

„… NavigationFDI Foreign Direct InvestmentFEMMP Foreign Exchange Monitoring and Miscellaneous Provisions LawFEPA …” „… JournalFILJ Foreign Investment Law JournalFMG Federal Military GovernmentFPI Foreign Portfolio InvestmentFSIA …” „… InvestmentJWT Journal of World TradeJWTL Journal of World Trade LawL/C Letter of CreditLBJNCL Lawyers’ Bi-Annual …”

Excerpts from the NIPC Amendment Act, 1998 S. 343-345

„… Nigeria and denominated in any convertible currency;»investment« means investment to acquire an interest …” „… sectors of investment prohibited to both foreign andNigerian investors, that is –(a) production of arms …” „… both;»portfolio investment« means an investment in shares or other securities traded on the Nigerian Stock …”

Does an ad hoc Committee Possess Appellate Power? S. 244-250

„… of the foreign investmentlaw which limits qualified foreign investment to investment of equity …” „… investment disputes depends on whether the winning party, i.e. the award creditor, canreap the fruit of the …” „… investment disputes. Second, the other intentis to examine whether an improper abdication of jurisdiction by …”

Methodology S. 25

„… 256) Does the international community need a truly global multilateral agreementon investment, and …” „… foreign investment.4 The rationale underlying thismethod is that just as doctors learn more about the …” „… governingthe protection of foreign investment by studying the principles extrapolated fromdecided cases.5 There …”

Territorial Scope S. 119-120

„… obligations under the CISS agreement.4515.5. Admission and Approval of InvestmentThe general rule is that a …” „… defines the territorial scope of the treaty tocover investments made in the Nigerian territory by German …” „… extended in accordance with the provisions of Article 11 hereof.«445Usually, investment disputes do not …”

Lump-sum Agreement S. 103-104

„… championed by the capital-exporting countriesin their bilateral investment treaties has rendered academic the …” „… Sornarajah is of the opinion that, since several investment treaties containdifferent provisions on many …” „… of foreign investment.355 Similarly,Professor Dolzer notes that the principle of »just and equitable …”

Compensation S. 177-178

„… 177of investment is prejudicial to investors in terms of their advance assessment ofthe legal …” „… situation surrounding their prospective investments, and therefore thisis a disincentive to foreign …” „… investment.661 6.8.4. CompensationThe standard of compensation under the NIPC Act is »fair and adequate …”

Overlapping Jurisdiction S. 290-291

„… the methods for the settlementof investment disputes. The provision gave foreign investors the option …” „… negative implication of having multiple fora settle investment disputes is that it increases the risk of …” „… the certainty – of international law.«1121 In thisconnection, Arbitrator Brower cited two investment …”

Resolutions of the U.N. General Assembly S. 99-102

„… the taking of foreign investment. The most significant resolution of the GeneralAssembly of the United …” „… Nations on foreign investment is Resolution 1803 (XVII)335 Ibid., at para. 63336 Muchlinski, supra note 87 …” „… theapplicable laws governing the taking of foreign investment. By contrast, the otherresolutions do not refer to …”

Conclusion S. 153

„… political risks facing foreign investment in Nigeria. The objective of this policy instrument is to create a …” „… friendly legal landscape for foreign investment in the country. Even though there are formalistic …” „… investors of a Contracting Party and their investments full protection and constant security as well as fair …”

Environmental Regulation S. 80-85

„… United States, and therefore it constituted indirect expropriation oftheir investment contrary to the …” „… para. 363.241 Ibid., at para. 365.81ronmental measures has been undercut by the investment rights of …” „… country was tantamount to indirect expropriation of its investment contrary to the provisions of Article …”

The Requirement of Amicable Settlement S. 231-233

„… requirement of amicable settlement of investment disputes features in mostinvestment codes and investment …” „… , Article 11(1) of the Nigeria-Germany BIT stipulates that:»Disputes concerning investments between a …” „… pre-arbitrationamicable settlement of investment disputes. Rather, the provision of Article 8(1)of the treaty implies it …”

Judicial Restraint S. 291-292

„… theICSID the sole authority to settle investment disputes.12.11.3. Judicial RestraintThe question as to how …” „… with the jurisdiction to settle investment disputes between a foreign investor and a Contracting Party …” „… end of investment disputes as respondents. This pointis essential because a future MAI may contain new …”

Introduction S. 182-183

„… .673 It is not enough that the laws on paper are investment-friendly. The security of foreign …” „… environment for foreign investment.Therefore, they merit consideration in this chapter. 673 R. Soopramanien …” „… makes the judicial system in Nigeriaessential to the discourse on the protection of foreign investment …”

Conclusion S. 180-181

„… . ConclusionThe foregoing examination of the principal investment laws in Nigeria demonstrates efforts made by …” „… recent Nigerian governments to improve the legal framework for investment in the country. Notwithstanding …” „… to generate significantly high volumes of foreign investment in Nigeria, aswe shall see in chapter 11 …”

The Period from 1972 to 1978 S. 158-160

„… investment in Nigeriathrough a branch office. Section 369 provided that every foreign company, whichhad an …” „… Economic Development in Nigeria«, in B. Sodipo & B. Fagbemi (eds.), Nigeria’s Foreign Investment Laws and …” „… their investments inthe country.605 As a result of the development, foreign investors termed Nigeriato …”

Inadequacy of Basic Social Amenities S. 264-266

„… inflows of foreign investment into Nigeria. However, electricity supply in Nigeria is gradually …” „… (November 2003) 32.265involve an investment of approximately U.S. $5.5bn in the country’s energy sector …” „… capacity and to promote private investment inthe flagging refineries, the current administration removed …”

Definition of Corporate Investor S. 115-117

„… investors in investment treaties. This case concerned a triangular relationship involving different …” „… materia. They give treaty protection notonly to existing investments, i.e. investments made before the …” „… entry into force ofthe treaty, but also to future investments, i.e. investments made after the entry …”

Compensation for Losses caused by War or Civil Disturbances S. 144-146

„… article provides that:»Nationals or companies of one Contracting Party whose investments in the territory …” „… investment in Zaire. After establishing the liability of Zaire, the Tribunal further stated that the delicate …” „… situation.«5535.9. Protection against Expropriation, Nationalization and Indirect TakingGenerally investment …”

Treatment of a Foreign Company as the National of another Contracting State S. 236-238

„… Nigeria cannot successfully challenge ICSID’s jurisdiction to entertain an investment dispute arising from …” „… State signs an investment agreement, containing an ICSID arbitrationclause, with a foreign controlled …” „… carry outan investment.«890In reaching the conclusion that there was at least an implied agreement, if …”

Environment S. 293-294

„… Agreement on Investment«, in H. Ward and D.Brack (eds.), Trade, Investment and the Environment, London, 1998 …” „… investment.1134 Essentially,the agreement placed the burden of protecting the environment on host States.1135 …” „… an encouragement for the establishment, acquisition expansion or retention of an investment or …”

Currency Regulation S. 78-79

„… may adversely affect the investment ofa foreign investor without engaging State responsibility. In …” „… the investment, Cuba’s Currency Stabilization Fund permitted foreign investors in the country to …” „… convert proceeds from their investment intoUnited States dollars or any other foreign currency, and the …”

Expropriation and Nationalization S. 174-175

„… the taking of investment under Section 25. First, the section tacitlytakes cognizance of the …” „… distinction between expropriation (discrete taking of investment) and nationalization (large-scale taking of …” „… investment) and offers investors in the country guarantees against them. Second, the guarantees against …”

Temporary Safeguard Measures S. 294-295

„… 294their national laws and regulations in order to attract investment.1134 Essentially,the …” „… retention of an investment or aninvestor.«1135 V. Jha, »The Role of Foreign Direct Investment: The Case for …” „… India«, in H. Ward and D.Brack (eds.), Trade, Investment and the Environment, London, 1998, 225.1136 …”

Nationalization S. 95-99

„… for the nationalization of a relatively small investment.In this connection, they stated that:»in a …” „… law.319Over the years, some international tribunals have settled investment disputeswhere …” „… and316 E.I Nwogugu, »Legal Problems of Foreign Investment«, (1976-V) 153 Recueil Des Cours227.317 …”

Corruption, the Syndrome of »419« and Armed Robbery S. 260-264

„… oil operations in Nigeriaand reduces the volume of re-investments in the oil and gas sector in the …” „… .982 The religious crisis in the country and other problems hereindiscussed affect investment in …” „… inappropriate investment projects and leads to the lowering of standards.«987There is no gainsaying that it …”

Guarantees against Expropriation and Nationalization S. 173-174

„… the relevant laws applicable to the industry in which theclaimant invested.6526.8. Investment …” „… nationalization. However, there are three important points directlyrelevant to the taking of investment under …” „… taking of investment) and nationalization (large-scale taking of investment) and offers investors in the …”

Introduction S. 60-61

„… context of the taking of foreign investment.International law preserves the competence of States to …” „… cases, the specific forms that deprivation of foreign investment take. This chapter addresses this issue …” „… cases of indirect taking. An interference with the investment of a foreigner does not automatically …”

Jurisdictional Implication of Diplomatic Protection S. 230-231

Taxation S. 76-78

Standing of Juridical Persons S. 234-236

„… settlement of investment disputes isthat the Contracting Parties to NAFTA, Canada, Mexico and the United …” „… to seek local incorporation as a prerequisitefor investment, and allows foreign subsidiary companies …” „… privatization ofCSOB and its investments in the two countries after the separation of Czechoslovakia. Slovakia …”

Discrete Expropriation S. 90-95

„… 121.285 376 U.S. 398 (1964).286 Ibid., at 428.287 B. Clagett, »Protection of Foreign Investment under the …” „… contention that different standardsof compensation apply to lawful taking of foreign investment and to …” „… unlawful taking of foreign investment.300 However, it is necessary to acknowledge that the passages in …”

Personal Scope S. 114-115

„… ) and (iii) of the Egypt-United Kingdom BIT of February 24, 1976, which defines »investment« to include …” „… nowhere was theword investment mentioned in the disputed contract, and that the claimant did notregister …” „… its business activities in Egypt as foreign investment.422 It distinguishedthe case under …”

Expropriation and Nationalization S. 61-62

„… . Eze, The Legal Status of Foreign Investment in the East-African Common Market,Leiden, 1975, 296.143 …” „… detriment of the owner of146 D.F. Vagts, »Coercion and Foreign Investment Rearrangements«, (1978) 72 AJIL …” „… 26.147 P.E. Comeaux and S.N. Kinsella, Protecting Foreign Investment under International Law:Legal …”

Can Abdication of Jurisdiction Constitute Manifest Excess Power? S. 250-251

„… International Centre for the Settlement of Investment Disputes, a copy of the award duly certified by the …” „… M.B. Belgore, »The Judicial Response to the Regulation of Foreign Investment in Nigeria«, in B. Sodipo …” „… and B. Fagbemi (eds.), Nigeria’s Foreign Investment Laws and Intellectual Property Rights, London …”

Recognition of ICSID Awards for Enforcement S. 251-252

„… Nigeria an award made bythe International Centre for the Settlement of Investment Disputes, a copy of the …” „… Investment in Nigeria«, in B. Sodipo and B. Fagbemi (eds.), Nigeria’s Foreign Investment Laws and …” „… Investment Disputes Act, 1966 ofEngland. Practical examples will be seen in the delays associated with the …”

Creeping Expropriation S. 62-64

„… detriment of the owner of146 D.F. Vagts, »Coercion and Foreign Investment Rearrangements«, (1978) 72 AJIL …” „… 26.147 P.E. Comeaux and S.N. Kinsella, Protecting Foreign Investment under International Law:Legal …” „… 99, at 539.150 R. Dolzer and M. Stevens, Bilateral Investment Treaties, The Hague, 1995, 98-100.151 …”

Deprivation of Managerial Control S. 67-69

„… the respondent deprived the claimants ofthe managerial control of their investment.176 According to …” „… theinvestors of the Contracting Parties to the Treaty the right to control and managetheir investments in the …” „… TransactionThe classic case of forced sale occurs when a State disguises the taking of the investment of a …”

Autonomy of the Will versus Permanent Sovereignty over Natural Resources S. 205-211

„… and regulatory competence of the host State vis-à-vis the relevant investment contract.758Most …” „… of Investment in the Context of Petroleum Agreements«,(1987-IV) 204 Recueil Des Cours 116.759 L …” „… Liquefied Natural Gas Venture: Fiscal Incentives, Investment Protection Schemes and ICSID Arbitration …”

Conclusion S. 105-106

„… and foreign companies may be pragmatic and practical in settling investment disputes, they do not …” „… achieve certainty and more predictability in the protection offoreign investment, it is necessary to …” „… conclude a truly global multilateral investment agreement, which should clearly clarify the standard of …”

Health and Welfare S. 292-293

„… international arbitrators to use judicial restraint in the adjudication of investment disputes before them, it …” „… 232.1132 J. Huner, »Lessons from the Multilateral Agreement on Investment«, in H. Ward and D.Brack (eds …” „… .), Trade, Investment and the Environment, London, 1998, 245.1133 See the preamble of the OECD Draft MAI. …”

Conclusion S. 85-86

„… protectionof foreign investment and the difference between regulatory taking and lawfulregulation. Against the …” „… intention of depriving the foreign investor of the economic benefits of his investment, and such series of …” „… its investment might result in its hostState taking a legitimate step to revoke its banking licence …”

Standing of Natural Claimants S. 233-234

„… . 88.878 C. Lamm, »Jurisdiction of the International Centre for the Settlement of Investment Disputes …” „… notable development in settlement of investment disputes isthat the Contracting Parties to NAFTA, Canada …” „… likeNigeria mandate foreign companies to seek local incorporation as a prerequisitefor investment, and allows …”

Political Instability, Civil Unrest and Religious Crisis S. 259-260

„… disturbances in the country constituted serious deterrence to new investments (domestic and foreign) and the …” „… of re-investments in the oil and gas sector in the country.The perennial religious crisis in some …” „… and other problems hereindiscussed affect investment in Nigeria’s tourism sector because most foreign …”

Property Guarantee under the African Charter S. 51-55

„… , 1995, vol. 2 at 322.93 I. Shihata, »Towards a Greater Depoliticization of Investment Disputes: The Role …” „… , especially the dispute settlement mechanism of the ICSID to settle investment disputes.96 UNCTAD, Bilateral …” „… Investment Treaties in the Mid-1990s, Geneva: United Nations, 1998,2.97 Malanczuk, supra note 90, at 235. 98 …”

Exceptions and Limitations to the MFN and NT Standards S. 143-144

„… incentives do not significantly affect investments and activities of investors of the other Contracting Party …” „… Contracting Party whose investments in the territory of theother Contracting Party suffer losses owing to war …” „… theprotection and security of AMT’s investment in Zaire. After establishing the liability of Zaire, the Tribunal …”

Requirement of Foreign Control S. 238-239

„… the enterprise with the Nigerian Investment Promotion Commission as a foreign business in the country …” „… the ICSID indicates that when an investment treaty issilent on the right of a minority shareholder of …” „… Convention on Settlement of Investment Disputes between States and Nationals of Other States«, (1974-5) 47 …”

Forced Sale and Involuntary Transaction S. 69-71

„… context of protection of foreign investment,the taking must be attributable to the relevant State in order …” „… occurs when a State disguises the taking of the investment of a foreigner by setting up a dummy …” „… inflictionof personal injury or the threat of the same to convey his investment to the State.Forced sale is a …”

Right of Access to Court S. 183-185

„… their investments. Specifically, Section 25 provides that any law authorizing expropriation or …” „… or other independent authority,of his or its case and of the valuation of his or its investment in …” „… , nationalization orsimilar measures of the government against their investments. This opportunitywould be illusory …”

BPE Data on Proceeds from Privatization – 2001 to 2002 S. 355

„… S/N Core Investor Region Amount Invested (N) Area of Investment1. Blue Circle Industries Plc United …” „… S/N Core Investor Region Amount Invested (N) Area of Investment1. Global Energy McDermott American N 3 …”

Introduction S. 244

„… investment disputes depends on whether the winning party, i.e. the award creditor, canreap the fruit of the …” „… investment disputes. Second, the other intentis to examine whether an improper abdication of jurisdiction by …”

NIPC Data on FDI Inflows – January 2001 to June 2002 S. 345-355

„… 345NIGERIAN INVESTMENT PROMOTION COMMISSIONFDI INFLOW INTO THE COUNTRY – JANUARY TO DECEMBER 2001 …” „… Invested (N) Area of Investment1. Blue Circle Industries Plc United Kingdom N 1,572,187,500 Ashaka Cement2 …” „… Invested (N) Area of Investment1. Global Energy McDermott American N 3.Obillion Nigerdock2. UAC Property …”

Post-Independence (1960-1971) S. 157-158

„… provisions of Sections 369 and370 of the 1968 Act altered the possibility of foreign investment in …” „… . Sodipo & B. Fagbemi (eds.), Nigeria’s Foreign Investment Laws and Intellectual Property Rights, London …”

Conclusion S. 58-59

„… is no international obligation on Nigeria to admit foreign investment into the country, once …” „… Nigeria, his investment is protected by international law. Another finding of this chapter is that while …”

Cancellation of Licences or Permits S. 79-80

„… only to sanction that investorfor violating its laws regulating his investment, but also to discourage …” „… United States, and therefore it constituted indirect expropriation oftheir investment contrary to the …”

Conclusion S. 255-256

„… investment treaties with ICSID arbitration clauses and the soaringnumber of countries adhering to the ICSID …” „… selfcontained regime for the settlement of investment disputes that excludes any kindof judicial interference by …” „… the fact that the settlement of investmentdisputes should be conducted within a framework that …”

Administrative Justice S. 194-198

„… provision in the context of protection of foreign investment is that a statute, which regulates the …” „… company of its investment in Indonesia withoutwarning it of the impending sanction. According to the …” „… suit affecting the investmentof an investor of another NAFTA Party. The United States countered by …”

Introduction S. 87

„… Nations,bilateral investment treaties, lump-sum agreements, and compensation settlementagreements. This chapter …”

Fair and Equitable Treatment, Full Protection and Constant Security S. 286

„… obligation is included in almost all investment treaties, including those concluded by Nigeria. One does not …”

Conclusion S. 218-219

„… 2188.7. Conclusion The protection of foreign investment in the petroleum industry rests on the …”

Concept of Property S. 48-49

„… Economic Effects of Expropriation and Nationalisation of ForeignInvestment, Konstanz, 1983, 16. …”

Introduction S. 200-201

„… 200Chapter EightProtection of Foreign Investment in the Context of Petroleum Agreements8.1 …”

Indirect Taking of Contractual Rights S. 64-65

„… from the Geneva Conventionof 1922 between Germany and Poland, which protected investments of …” „… unanimously upheld the contention that the claimant’s investmentin Plasco was indirectly taken by the …”

Non-discrimination S. 89-90

„… 428.287 B. Clagett, »Protection of Foreign Investment under the Revised Restatement«, (1984) 25(1) VJIL 75. …”

Compensation Settlement Agreement S. 104-105

„… between States and foreign companies may be pragmatic and practical in settling investment disputes, they …”

Legal Consequence of the Violation of a Stabilization Clause S. 211-212

„… renderirrelevant an important clause used to attract foreign investment.788 A stabilizationclause should have a …”

Immunity of Sovereign Assets from Execution S. 254-255

„… investment treaties with ICSID arbitration clauses and the soaringnumber of countries adhering to the ICSID …”

Public Purpose S. 87-89

„… Nations,bilateral investment treaties, lump-sum agreements, and compensation settlementagreements. This chapter …”

Renegotiation S. 212-214

„… , at 497.796 P. Bernadini, »The Renegotiation of the Investment Contract«, (1998) 13 (2) ICSID …”

Constitutional Concept of Property S. 33-35

„… thethree tiers of government in Nigeria is lawful in the light of the provisions of theNigerian Investment …”

Annulment of Contract S. 65-67

„… with the investment laws of the country. The branch office wasestablished for the purpose of …”

Relocalization of Nigerian Petroleum Agreements S. 214-218

„… ., at para. 19.2188.7. Conclusion The protection of foreign investment in the petroleum industry rests …”

Enforcement of Monetary Orders of Court against the Government S. 192-194

„… authorities immunity from suit affecting the investmentof an investor of another NAFTA Party. The United …”

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Public Political Risk Investment Insurance

Nataša Vujinović

Series: Studien zum Internationalen Investitionsrecht

Volume 45 2022

Results in this title

C. Political risk investment insurance systems S. 98-172

„… Political risk investment insurance systemsPolitical risk investment insurance systems are analysed …” „… multilateral political risk investment insurance systemMIGA is the largest political risk investment insurance …” „… , such as the Arab Investment and Export Credit Guarantee Corporation,516 the Asian Development Bank517 …”

H. Bibliography S. 485-506

„… OECD Working Papers on International InvestmentYotova R, ‘Opinion 2/15 of the CJEU: delineating the …” „… ) accessed 5 July 2021Basedow R, ‘A Legal History of the EU’s International Investment Policy …” „… Bekker P and Ogawa A, ‘The Impact of Bilateral Investment Treaty (BIT) Proliferation on Demand for …”

D. Detailed analyses of public PRI schemes of MIGA and EU MSs S. 173-449

„… should enable coverage of all EU MSs’ companies.1125Eligible investmentsInvestments have to fulfil …” „… , resources to be invested and the time of investment.Eligibility requirements as to the type of …” „… investmentMIGAMIGA’s provisions laying down the prerequisites for eligible investments play a twofold role: balancing …”

A. Introduction S. 18-24

„… IntroductionThe Ph.D. dissertation at hand aims to address public political risk investment …” „… MSs) and the Multilateral Investment Guarantee Agency (hereinafter: MIGA).1 The analyses encompass …” „… MIGA’s and selected EU MSs’ national investment insurance schemes for political risk, with focus on the …”

B. Introductory analyses of the core terms and issues S. 25-97

„… notions this dissertation focuses on.Foreign investmentTo begin with, the most basic definition of an …” „… portfolio investment.Moving on to the legal form of the enterprise in which the investment is made, the …” „… investment follow.Foreign direct investmentThe differentiation between foreign direct investment and …”

F. Conclusion S. 463-468

„… countries, investors seek to safeguard their investments from these risks. Investment insurance schemes …” „… private providers insure investments against political risks, due to the government backup, the public …” „… the improvement in insurance services offered by private political risk investment insurance providers …”

Titelei/Inhaltsverzeichnis S. 1-17

„… Foreign investmentI. 25Foreign direct investment1. 27Portfolio investments2. 27International loans and …” „… insuring an investmentIII.268MIGA1. 268Application for covera) 268Eligibility and project assessmentb) 271 …” „… Public Political Risk Investment InsuranceNataša VujinovićA Comparative Legal Study of Selected EU …”

G. Annex – Author’s proposal for the Directive on harmonisation of the main provisions concerning public PRI for FDI in third countries S. 469-484

„… investmentsForeign direct investments, in particular equity participations, shareholder loans and non-shareholder …” „… , information concerning the covered investment;f) to immediately provide written information in case …” „… substantial changes occur with regard to the covered investment;g) to immediately provide written information …”

E. Proposals for an EU approach S. 450-462

„… insurance of foreign direct extra-EU investments and shared competence over foreign direct intra-EU …” „… investment and non-direct, both intra- and extra-EU, investments.3046 Since shared competence may also be …” „… investment insurance against political risks. The establishment of common rules in this field is necessary …”

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Evolution, Evaluation and Future Developments in International Investment Law

Stephan Hobe (ed.), Julian Scheu (ed.)

Series: Studien zum Internationalen Investitionsrecht

Volume 38 2021

Results in this title

Christoph Schreuer Evolution of Investment Law in Treaty Making and Arbitral Practice S. 35-46

„… Evolution of Investment Law in Treaty Making and Arbitral Practice Christoph Schreuer* I would like …” „… to address three themes: 1. the evolution of consent in investment arbitration, 2. the evolution of …” „… The Evolution of Consent in Investment Arbitration Two developments seem particularly significant in …”

Christian J. Tams International Investment Law and General International Law: Comments on a Special Relationship S. 59-70

„… resolving investment-related disputes: this is doubly-special in fact, in its focus on binding dispute …” „… Chapter 2: International Investment Law and General International Law International Investment Law …” „… brief remarks about a special legal relationship, namely that between international investment law and …”

Bruno Simma International Investment Law and General International Law: Comment from Arbitrator’s Perspective S. 71-74

„… International Investment Law and General International Law: Comment from Arbitrator’s Perspective …” „… relationship between substantive standards in international investment law and general international law is …” „… more clearly the foundation of international investment law in public international law is accepted …”

Claudia Annacker Evolution of Investment Law in Treaty Making and Arbitral Practice: Comment from Counsel’s Perspective S. 47-56

„… , [https://investmentpolicy.unctad.org/international-investment-agreements, accessed 23 October 2020]. 2 UNCTAD, Investment Dispute Settlement Navigator …” „… , [https://investmentpolicy.unctad.org/investment-dispute-settlement, accessed 23 October 2020]. 3 See e.g. Art. 20, Canada-Tanzania BIT, 9 December 2013; Art. 14.21 …” „… Evolution of Investment Law in Treaty Making and Arbitral Practice: Comment from Counsel’s …”

Markus Burgstaller Investment Protection and Sustainable Energy Projects in the Age of Climate Change: Comment from Counsel’s Perspective S. 105-120

„… Chapter 4: Investment Protection in the Age of Climate Change Investment Protection and Sustainable …” „… * Introduction There is broad agreement on the urgent need for substantial and sustained investment in the …” „… investment in renewable energy will be required by 2030 just to keep global warming below 2 degrees Celsius.2 …”

Julian Scheu Concluding Remarks S. 183-189

„… today’s programme and upcoming challenges for the development of international investment law. What are …” „… the takeaways for stakeholders of the investment law regime? Which conclusions can be drawn for the …” „… activities of the International Investment Law Centre Cologne in the next decade? Evolution of International …”

Anke Sessler Pitfalls to Avoid in the Drafting of Investor-State Contracts S. 77-98

„… overview on investment protection instruments (1.), I will provide an introduction on Investor-State …” „… concludes with a short outlook into the future (5.). Investment Protection Instruments First of all, when …” „… talking about investment protection, it is important to note that an Investor-State Contract is only one …”

Titelei/Inhaltsverzeichnis S. 1-26

„… 38 Nomos Evolution, Evaluation and Future Developments in International Investment Law Stephan …” „… Investment Law Centre Cologne Studies in International Investment Law Studien zum Internationalen …” „… Investitionsrecht Studies in International Investment Law Studien zum Internationalen Investitionsrecht edited by …”

Moritz Keller Introduction: An Overview of Institutional Efforts S. 147-156

„… , [https://investmentpolicy.unctad.org/international-investment-agreements, accessed 23 October 2020]. 3 See UNCTAD, Investment Dispute Settlement Navigator …” „… , [https://investmentpolicy.unctad.org/investment-disp ute-settlement, accessed 23 October 2020]. 4 Art. 37(2) AR. See also the statement of the NAFTA …” „… Investment Regime, 2018, [https://investmentpolicy.unctad.org/uploaded-files/document/ UNCTAD_Reform_Package …”

Rudolf Dolzer Investor-State Contracts: Comment from Arbitrator’s Perspective S. 99-102

„… law and the national law of the host country as well as understand the difference between investment …” „… contracts and international investment agreements.2 In order to stress the importance of careful contract …” „… accentuated a particularity of investment contracts: Host States played a double role in this context and …”

Stephan Hobe Introduction S. 27-30

„… International Investment Law Centre Cologne. Yes – it is true, the IILCC is only 10 years old – but all familiar …” „… with international investment law know, these were ‘wild’ years with tremendous developments …” „… . International investment law is probably the field of international law with the fastest development – it often …”

Corinne Montineri UNCITRAL Reform Process on ISDS S. 157-172

„… settlement (ISDS) regime forms part of the mechanisms for the promotion and protection of foreign investments …” „… . While ISDS provisions in investment treaties vary, they normally provide for dispute settlement …” „… relating to investment. As often underlined, the ISDS regime was intended to ‘de-politicize’ investment …”

August Reinisch UNCITRAL Reform Process on ISDS: Comment from Arbitrator’s Perspective S. 173-180

„… creating a multilateral investment court (MIC) which will effectively function only if it is not flexible …” „… ultimately creating a single MIC, a multilateral investment appeals mechanism, or another permanent dispute …” „… settlement institution deciding on investment cases would certainly help avoiding inconsistencies.2 Still, we …”

Karl-Heinz Böckstiegel Discussion S. 57-58

„… benefits of an investment treaty prior to a claim being engaged, she wondered, whether the investor should …” „… not be aware of this possibility when making the investment. Eventually, she considered that it was …” „… Investment, if the denying Contracting Party establishes that such Investment is an Investment of an Investor …”

Sebastian Seelmann-Eggebert Amendment of the ICSID Arbitration Rules: Comment from Counsel’s Perspective S. 137-144

„… international investment law sometimes suffers from disinformation and confusion, it is difficult to overstate …” „… has an important role to play in informing public debate as the system of international investment law …” „… Anniversary Conference of the International Investment Law Centre Cologne (IILCC) on 16 May 2019. It is based …”

Patricia Nacimiento Discussion S. 75-76

„… , however, the task of investment tribunals was not to formulate investment-specific rules, but to start …” „… . To Tams, a world without BITs would see pressure to revive investment contracts as instruments of …” „… international law were not clear and therefore wondered, whether international investment law had to elaborate …”

Christian Borris Discussion S. 103-104

„… an opportunity to emphasise the importance of choosing a pragmatic approach to investment protection …” „… aware of the tools available to them in respect to their foreign investments. In addition, they were …” „… issue of transparency in investment arbitration was legitimate. He pointed to the fact that all ICSID …”

Francisco Abriani Amendment to the ICSID Arbitration Rules: Towards Increasing Time and Cost Efficiency S. 123-136

„… this presentation by congratulating the International Investment Law Centre Cologne for its 10-year …” „… Abriani is Legal Counsel at the International Centre for Settlement of Investment Disputes (“ICSID” or …” „… for the Settlement of Investment Disputes ICSID is an independent, depoliticized and effective …”

Markus Gabbert Comment and Discussion S. 121-122

„… the presentation held by Peter Cameron on investment protection and sustainable energy projects in the …” „… accounted for a context of disruption in investment protection regarding sustainable energy projects. Its …” „… level had to be tackled when promoting investments in renewable energy. He had noted that governments …”

Karl-Heinz Böckstiegel Introduction S. 31-34

„… Chapter 1: Evolution of International Investment Law Introduction Karl-Heinz Böckstiegel* My …” „… have managed to attract to this conference. When, many years ago, I dealt with investment law in my …” „… , when hundreds of investment cases are pending every year, particularly at ICSID and at the PCA at The …”

Nadia Darwazeh Discussion S. 145-146

„… . According to him, investors had become very clever in structuring their investments, so that claims could be …”

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