Expropriation (direct and indirect)
|
|
- Joan Stephens
- 6 years ago
- Views:
Transcription
1 Expropriation (direct and indirect) Training course for economies in transition on a new generation of international investment policies Dr. Marc Jacob, LL.M. Sarajevo, 2 October 2013
2 Overview 1. Essence of expropriation 2. Public policy challenges 3. Select policy options Training course for economies in transition - Sarajevo 2
3 Part 1 Essence of expropriation (direct and indirect)
4 Essence of expropriation States are obliged to protect foreign investors from deprivation of their investments Expropriation is a core component of investment treaties (IIAs) and part of customary international law One of the "big three" substantive standards of treatment Training course for economies in transition - Sarajevo 4
5 Terminology Expropriation Nationalization Requisition Actions having equivalent effect Dispossession rarely defined in IIAs, often treated as synonyms Training course for economies in transition - Sarajevo 5
6 Types of expropriation Direct expropriation Taking of title or possession Tangible or intangible assets Dispossession of certain duration Relatively rare in recent times Training course for economies in transition - Sarajevo 6
7 Types of expropriation (cont.) Indirect expropriation Substantial deprivation of economic benefit of investment Destruction of value and enjoyment of investment Title and possession retained Different names ("regulatory taking", "de facto expropriation" etc.) More common type nowadays Training course for economies in transition - Sarajevo 7
8 Types of expropriation (cont.) Difficult to determine indirect expropriation: not decisive: State characterization, State measure, State intent effect or economic impact expectations legitimately held by investors duration of State action character of State action (transparent, equal, rational etc.) case-by-case assessment; IIAs still often silent Training course for economies in transition - Sarajevo 8
9 Types of expropriation (cont.) Creeping expropriation Series of events, not a single act Start matters Valuation of expropriation End matters Limitation period, Interest Training course for economies in transition - Sarajevo 9
10 Rationale of law on expropriation Sovereign States have the right to regulate their own affairs But property protection known to international law Therefore conditions attached to expropriation how to expropriate Training course for economies in transition - Sarajevo 10
11 Conditions for expropriation States may typically expropriate, provided: 1. Public purpose 2. Non-discriminatory 3. Due process 4. Compensation if conditions met, lawful expropriation Training course for economies in transition - Sarajevo 11
12 Valuation and damages Important for at least two reasons: 1. How much will the State have to pay in case of expropriation? 2. Did an indirect expropriation occur? Three main questions: 1. Date of valuation when? 2. Measure of damages how much? 3. Method how will this be calculated? Training course for economies in transition - Sarajevo 12
13 Part 2 Public policy challenges
14 The fundamental challenge Balance between: (a) attracting foreign investors and protecting their interests; and (b) preserving the regulatory autonomy of the State. Will general, non-discriminatory State regulation in good faith for a public purpose be considered an indirect expropriation? social legislation? tax legislation? environmental legislation? Training course for economies in transition - Sarajevo 14
15 Part 3 Select policy options
16 Possible modifications for IIAs 1. Addition of hortatory language (e.g. in Preamble) 2. Specification of general exceptions (e.g. in Scope of Application) 3. Specification of conditions 4. Clarification of limits of indirect expropriation (e.g. in Annex): Factors indicative of an expropriation economic impact etc. General exceptions non-discriminatory public welfare regulation Specific exceptions compliance with other international obligations Training course for economies in transition - Sarajevo 16
17 Possible modifications for IIAs (cont.) U.S. Model BIT (2012), Annex B, Expropriation "4. (a) The determination of whether an action or series of actions by a Party constitutes an indirect expropriation, requires a case-by-case, fact-based inquiry that considers, among other factors: (i) the economic impact of the government action, although the fact that an action or series of actions by a Party has an adverse effect on the economic value of an investment, standing alone, does not establish that an indirect expropriation has occurred; (ii) the extent to which the government action interferes with distinct, reasonable investmentbacked expectations; and (iii) the character of the government action." Training course for economies in transition - Sarajevo 17
18 Possible modifications for IIAs (cont.) 5. Clarification of valuation and compensation: Measure of damages "appropriate", "just", "fair" instead of "full" Method of calculation conservative NBV (net book value) Interest rate, no compounding? Training course for economies in transition - Sarajevo 18
19 Thank you!
Expropriation Provisions under Investment Protection Treaties: Recent Decisions and New Drafting. Table extracted from Sophie Nappert's presentation
Expropriation Provisions under Investment Protection Treaties: Recent Decisions and New Drafting MITs Table extracted from Sophie Nappert's presentation BIICL's Investment Treaty Forum, London 5 May 2006
More informationSafeguarding Regulatory Autonomy in the Drafting of International Investment Agreements (IIAs)
Safeguarding Regulatory Autonomy in the Drafting of International Investment Agreements (IIAs) GELN Age of Mega-Regionals Symposium 19 May 2016 Elizabeth Sheargold Melbourne Law School The University of
More informationDirect and indirect expropriation
Direct and indirect expropriation Prof. Markus Krajewski University of Erlangen-Nürnberg Investment policies towards sustainable development and inclusive growth 10-13 December 2013, Rabat, Morocco Outline
More informationAGREEMENT BETWEEN THE REPUBLIC OF INDIA AND THE SLOVAK REPUBLIC FOR THE PROMOTION AND RECIPROCAL PROTECTION OF INVESTMENTS
AGREEMENT BETWEEN THE REPUBLIC OF INDIA AND THE SLOVAK REPUBLIC FOR THE PROMOTION AND RECIPROCAL PROTECTION OF INVESTMENTS The Republic of India and the Slovak Republic, hereinafter referred to as the
More informationCHAPTER 9 INVESTMENT
CHAPTER 9 INVESTMENT Article 9.1: Definitions For the purposes of this Chapter: 1. enterprise means any entity constituted or organized under applicable law, whether or not for profit, and whether privately
More informationPrinciples of International Investment Law
Principles of International Investment Law Second Edition RUDOLF DOLZER and CHRISTOPH SCHREUER OXFORD UNIVERSITY PRESS Contents N- / Foreword to the Second Edition Table of Cases Table of Treaties, Conventions,
More informationMechanics: Presentation and commentator from the IP team
Event 2. Breakout Sessions Mechanics: Presentation and commentator from the IP team Breakout Session 3: Sustainability Topics Chair: Ivan Nimac Presenter Arthur Appleton, Syed A. Mahmood, Grahame Dixie
More informationCross-Strait Bilateral Investment Protection and Promotion Agreement
Cross-Strait Bilateral Investment Protection and Promotion Agreement [This translation is for reference only. The content and interpretation of the Cross-Strait Bilateral Investment Protection and Promotion
More informationInput of the National Association of Manufacturers (NAM) to the EU Consultation on Investor-State
Input of the National Association of Manufacturers (NAM) to the EU Consultation on Investor-State Question 1: Scope of the substantive investment protection provisions In an increasingly global and integrated
More informationRe-thinking the Trans-Pacific Partnership. The Issue of Investment. Nathalie Bernasconi-Osterwalder Group Director, Economic Law and Policy IISD
Re-thinking the Trans-Pacific Partnership The Issue of Investment Nathalie Bernasconi-Osterwalder Group Director, Economic Law and Policy IISD March 10, 2016 TPP Chapter 9 Investment The TPP s Investment
More informationBilateral Investment Treaty between India and Nepal
Bilateral Investment Treaty between India and Nepal Signed on October 21, 2011 This document was downloaded from the Dezan Shira & Associates Online Library and was compiled by the tax experts at Dezan
More informationAGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF INDIA AND THE REPUBLIC OF MOZAMBIQUE FOR THE RECIPROCAL PROMOTION AND PROTECTION OF INVESTMENTS
AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF INDIA AND THE REPUBLIC OF MOZAMBIQUE FOR THE RECIPROCAL PROMOTION AND PROTECTION OF INVESTMENTS The Government of the Republic of Mozambique and the
More informationDESIRING to intensify the economic cooperation for the mutual benefit of the Contracting Parties;
AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED MEXICAN STATES AND THE GOVERNMENT OF THE REPUBLIC OF TRINIDAD AND TOBAGO ON THE PROMOTION AND RECIPROCAL PROTECTION OF INVESTMENTS The Government of the United
More informationBilateral Investment Treaty Agreement between Uganda and China
Bilateral Investment Treaty Agreement between Uganda and China Signed on May 27, 2004 This document was downloaded from the Dezan Shira & Associates Online Library and was compiled by the tax experts at
More informationDefinition of investment, admission and establishment
Training Course for Economies in Transition on a New Generation of International Investment Policies Sarajevo, 1-4 October 2013 Definition of investment, admission and establishment Jeff Sullivan - Allen
More informationLetter from CELA page 2
March 29, 2012 SPEAKING NOTES OF THERESA MCCLENAGHAN TO THE HOUSE OF COMMONS STANDING COMMITTEE ON INTERNATIONAL TRADE: REGARDING BILL C-23 CANADA JORDAN FREE TRADE AGREEMENT AND AGREEMENT ON THE ENVIRONMENT
More informationThe Government of Japan, the Government of the Republic of Korea and the Government of the People s Republic of China,
AGREEMENT AMONG THE GOVERNMENT OF JAPAN, THE GOVERNMENT OF THE REPUBLIC OF KOREA AND THE GOVERNMENT OF THE PEOPLE S REPUBLIC OF CHINA FOR THE PROMOTION, FACILITATION AND PROTECTION OF INVESTMENT The Government
More informationPROTOCOL FOR THE ENCOURAGEMENT, PROMOTION, FACILITATION AND PROTECTION OF INVESTMENTS IN CLIMATE CHANGE MITIGATION AND ADAPTATION
PROTOCOL FOR THE ENCOURAGEMENT, PROMOTION, FACILITATION AND PROTECTION OF INVESTMENTS IN CLIMATE CHANGE MITIGATION AND ADAPTATION ( GREEN INVESTMENT PROTOCOL ) 1 PREAMBLE The parties who have signed and
More informationIN THE MATTER OF AN ARBITRATION UNDER CHAPTER ELEVEN OF THE NORTH AMERICAN FREE TRADE AGREEMENT AND THE UNCITRAL ARBITRATION RULES
IN THE MATTER OF AN ARBITRATION UNDER CHAPTER ELEVEN OF THE NORTH AMERICAN FREE TRADE AGREEMENT AND THE UNCITRAL ARBITRATION RULES BETWEEN: WINDSTREAM ENERGY LLC Claimant AND: GOVERNMENT OF CANADA Respondent
More informationAGREEMENT BETWEEN THE CZECH REPUBLIC AND FOR THE PROMOTION AND RECIPROCAL PROTECTION OF INVESTMENTS
AGREEMENT BETWEEN THE CZECH REPUBLIC AND FOR THE PROMOTION AND RECIPROCAL PROTECTION OF INVESTMENTS The Czech Republic and the (hereinafter referred to as the "Contracting Parties"), Desiring to develop
More informationAgreement between. the Government of the Republic of Finland. and. the Government of the Republic of Nicaragua
Agreement between the Government of the Republic of Finland and the Government of the Republic of Nicaragua on the Promotion and Protection of Investments The Government of the Republic of Finland and
More informationPROTOCOL ON INVESTMENT TO THE NEW ZEALAND AUSTRALIA CLOSER ECONOMIC RELATIONS TRADE AGREEMENT
PROTOCOL ON INVESTMENT TO THE NEW ZEALAND AUSTRALIA CLOSER ECONOMIC RELATIONS TRADE AGREEMENT Preamble New Zealand and Australia ( the Parties ), Conscious of their longstanding friendship and close historic,
More informationThe Government of the Republic of India and the Government of the People s Republic of China (hereinafter referred to as the "Contracting Parties");
AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF INDIA AND THE GOVERNMENT OF THE PEOPLE S REPUBLIC OF CHINA FOR THE PROMOTION AND PROTECTION OF INVESTMENTS The Government of the Republic of India and
More informationThe Government of the United Mexican States and the Government of the Republic of Belarus, hereinafter referred to as "the Contracting Parties,"
AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED MEXICAN STATES AND THE GOVERNMENT OF THE REPUBLIC OF BELARUS ON THE PROMOTION AND RECIPROCAL PROTECTION OF INVESTMENTS The Government of the United Mexican
More informationDRAFT AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF FRANCE AND THE GOVERNMENT OF THE REPUBLIC OF (...)
DRAFT AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF FRANCE AND THE GOVERNMENT OF THE REPUBLIC OF (...) ON THE RECIPROCAL PROMOTION AND PROTECTION OF INVESTMENTS 2/ The Government of the Republic
More informationARTICLE 16 DURATION AND TERMINATION
ARTICLE 16 DURATION AND TERMINATION I. This Agreement shall remain in force for a period of twenty (20) years and shall continue in force thereafter for similar period or periods unless, at least one year
More informationCommentaries on Selected Model Investment Treaties. Edited by CHESTER BROWN
Commentaries on Selected Model Investment Treaties Edited by CHESTER BROWN Notes on Contributors Table of Cases Table of Instruments xxix xxxv 1. INTRODUCTION: THE DEVELOPMENT AND IMPORTANCE OF THE MODEL
More informationINDONESIA S EXPERIENCE: IIA REVIEW A B D U L K A D I R J A I L A N I M I N I S T R Y O F F O R E I G N A F F A I R S
INDONESIA S EXPERIENCE: IIA REVIEW A B D U L K A D I R J A I L A N I M I N I S T R Y O F F O R E I G N A F F A I R S RATIONALES The increased exposure to investor claims in international arbitration (UNCTAD:
More informationJoint analysis of CETA s Investment Court System (ICS)
Joint analysis of CETA s Investment Court System (ICS) Prioritising Private Investment over Public Interest This analysis is based on the revised Investment Protection Chapter of the Comprehensive Economic
More informationTHE GOVERNMENT OF THE SULTANATE OF OMAN AND THE GOVERNMENT OF THE REPUBLIC OF AUSTRIA
AGREEMENT between the Government of the Sultanate of Oman and the Government of the Republic of Austria for the Promotion and Reciprocal Protection of Investments THE GOVERNMENT OF THE SULTANATE OF OMAN
More informationMODULE 2: CORE PRINCIPLES OF INTERNATIONAL INVESTMENT LAW
MODULE 2: CORE PRINCIPLES OF INTERNATIONAL INVESTMENT LAW African Institute of International Law Training Workshop on Bilateral Investment Treaties and Arbitration Laura Halonen Arusha, 17 February 2015
More informationPrevention & Management of ISDS
Investments Prevention & Management of ISDS Vee Vian Thien, Associate (Allen & Overy HK) 8 th Meeting of the Asia-Pacific FDI Network, 26 September 2018 Allen & Overy LLP 2018 Agenda 1 Introduction to
More informationPreventing Tax Treaty Abuse
Papers on Selected Topics in Protecting the Tax Base of Developing Countries Draft Outline - Paper No. 5 May 2014 Preventing Tax Treaty Abuse Graeme S. Cooper Professor of Tax Law, University of Sydney,
More informationBack in Your Box: Big Tobacco s Legal Challenges to Plain Packaging in Australia
Back in Your Box: Big Tobacco s Legal Challenges to Plain Packaging in Australia Associate Professor Andrew D Mitchell Melbourne Law School Existing Health Warnings in Australia Front Back Plain Packaging
More informationThe Parties to this Agreement, resolving to:.
What claims does the Australian Government make about safeguards to protect health and environmental policy from investor-state dispute settlement (ISDS) - and how do they stack up in the final text of
More informationON FOREIGN INVESTMENT
UNITED NATIONS United Nations Interim Administration Mission in Kosovo UNMIK NATIONS UNIES Mission d Administration Intérimaire des Nations Unies au Kosovo PROVISIONAL INSTITUTIONS OF SELF GOVERNMENT Law
More informationThe Government of the Hashemite Kingdom of Jordan and the Government of the Italian Republic (hereafter referred to as the Contracting Parties)
AGREEMENT BETWEEN THE GOVERNMENT OF THE HASHEMITE KINGDOM OF JORDAN AND THE GOVERNMENT OF THE ITALIAN REPUBLIC ON THE PROMOTION AND PROTECTION OF INVESTMENTS The Government of the Hashemite Kingdom of
More informationAGREEMENT BETWEEN THE BELGO-LUXEMBURG ECONOMIC UNION, ON
AGREEMENT BETWEEN THE BELGO-LUXEMBURG ECONOMIC UNION, ON THE ONE HAND, AND, ON THE OTHER HAND, ON THE RECIPROCAL PROMOTION AND PROTECTION OF INVESTMENTS The Government of the Kingdom of Belgium, acting
More informationThe Government of the Republic of Korea and the Government of the Republic of Costa Rica (hereinafter referred to as the "Contracting Parties"),
AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF KOREA AND THE GOVERNMENT OF THE REPUBLIC OF COSTA RICA FOR THE PROMOTION AND PROTECTION OF INVESTMENTS Signed at San Jose August 11, 2000 Entered into
More informationGERMAN INSTITUTION OF ARBITRATION UNDER THE UNCITRAL ARBITRATION RULES ADMINISTERED BY THE DIS
Team code: ALFARO GERMAN INSTITUTION OF ARBITRATION UNDER THE UNCITRAL ARBITRATION RULES ADMINISTERED BY THE DIS CONTIFICA ASSET MANAGEMENT CORP. Claimant v. REPUBLIC OF RURITANIA Respondent SKELETON BRIEF
More informationOverview of Presentation
Overview of Presentation Introduction to International Investment Policy and Law Defining the Scope of Application in IIAs Investment Protection in IIAs Relative Standards of Treatment: National and Most-
More informationAGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF SUDAN AND THE GOVERNMENT OF THE REPUBLIC OF... CONCERNING
1 AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF SUDAN AND THE GOVERNMENT OF THE REPUBLIC OF... CONCERNING 2 THE RECIPROCAL PROMOTION AND PROTECTION OF INVESTMENTS AGREEMENT BETWEEN THE GOVERNMENT
More informationInvestment Guarantee Guide
Investment Guarantee Guide MULTILATERAL INVESTMENT GUARANTEE AGENCY WORLD BANK GROUP MIGA: Bringing Clients Unique Strengths The Multilateral Investment Guarantee Agency (MIGA) is a member of the World
More informationInvestment Agreements and the Regulatory State: Can Exceptions Clauses Create a Safe Haven for Governments?
Issues in International Investment Law Background Papers for the Developing Country Investment Negotiators Forum Singapore, October 1-2, 2007 Investment Agreements and the Regulatory State: Can Exceptions
More informationASIAN INFRASTRUCTURE INVESTMENT BANK POLICY ON PUBLIC INFORMATION. January 2018
ASIAN INFRASTRUCTURE INVESTMENT BANK POLICY ON PUBLIC INFORMATION January 2018 1. Introduction 1.1 This Policy, adopted by the Board of Directors of the Asian Infrastructure Investment Bank (the Bank),
More informationCHAPTER NINE INVESTMENT. 1. This Chapter shall apply to measures adopted or maintained by a Party related to:
CHAPTER NINE INVESTMENT SECTION A: INVESTMENT ARTICLE 9.1: SCOPE OF APPLICATION 1. This Chapter shall apply to measures adopted or maintained by a Party related to: investors of the other Party; covered
More informationDelegations will find attached the partially declassified version of the above-mentioned document.
Council of the European Union Brussels, 15 December 2015 (OR. en) 12838/11 EXT 2 PARTIAL DECLASSIFICATION of document: dated: 14 July 2011 new status: Subject: WTO 270 FDI 19 CDN 5 SERVICES 79 12838/11
More informationTHE BELGIAN-LUXEMBOURG ECONOMIC UNION
AGREEMENT BETWEEN THE BELGIAN-LUXEMBOURG ECONOMIC UNION AND THE REPUBLIC OF MAURITIUS ON THE RECIPROCAL PROMOTION AND PROTECTION OF INVESTMENTS AGREEMENT BETWEEN THE BELGIAN-LUXEMBOURG ECONOMIC UNION,
More informationTHE INVESTMENT PROMOTION ACT
Government Notice No 144 of 2008 THE INVESTMENT PROMOTION ACT Regulations made by the Minister under section 28A of the Investment Promotion Act 1. These regulations may be cited as the Investment Promotion
More informationPROPOSED NATIONAL POLICY INCOME TRUSTS AND OTHER INDIRECT OFFERINGS
6.1.2 Proposed National Policy 41-201 Income Trusts and Other Indirect Offerings Part 1 - Introduction 1.1 What is the purpose of the policy? PROPOSED NATIONAL POLICY 41-201 INCOME TRUSTS AND OTHER INDIRECT
More information1998 No. 23 AGREEMENT BETWEEN AUSTRALIA AND THE ISLAMIC REPUBLIC OF PAKISTAN ON THE PROMOTION AND PROTECTION OF INVESTMENTS
Agreement between Australia and the Islamic Republic of Pakistan on the Promotion and Protection of Investments (Islamabad, 7 February 1998) Entry into force: 14 October 1998 AUSTRALIAN TREATY SERIES 1998
More informationAGREEMENT AMENDING ANNEX 1 (CO-OPERATION ON INVESTMENT) OF THE PROTOCOL ON FINANCE AND INVESTMENT
AGREEMENT AMENDING ANNEX 1 (CO-OPERATION ON INVESTMENT) OF THE PROTOCOL ON FINANCE AND INVESTMENT AGREEMENT AMENDING ANNEX 1 (CO-OPERATION ON INVESTMENT) OF THE PROTOCOL ON FINANCE AND INVESTMENT We the
More informationIurii Bogdanov, Agurdino, Invest Ltd, Agurdino Chimia JSC; v. Moldova
Iurii Bogdanov, Agurdino, Invest Ltd, Agurdino Chimia JSC v. Moldova 22 September 2005 Claimants: Iurii Bogdanov, Agurdino, Invest Ltd, Agurdino Chimia JSC; Respondent: Republic of Moldova. 1. Introduction
More information.,. Agreement between. the Government of the Republic of Finland. and. the Government of Nepal. on the Promotion and Protection of Investments
,.,. Agreement between the Government of the Republic of Finland and the Government of Nepal on the Promotion and Protection of Investments. ( Agreement between the Government of the Republic of Finland
More informationWORLD TRADE ORGANIZATION. ( ) Working Group on the Relationship between Trade and Investment
WORLD TRADE ORGANIZATION. (02-3057) Working Group on the Relationship between Trade and Investment WT/WGTI/W/118 4 June 2002 NON-DISCRIMINATION MOST-FAVOURED-NATION TREATMENT AND NATIONAL TREATMENT Note
More informationLuxemburger Juristische Studien Luxembourg Legal Studies. Daniel Rosentreter
Luxemburger Juristische Studien Luxembourg Legal Studies 4 Daniel Rosentreter Article 31(3)(c) of the Vienna Convention on the Law of Treaties and the Principle of Systemic Integration in International
More informationInternational Investment Agreements: Strategies and Content
International Investment Agreements: Strategies and Content High level Iraq meeting, Paris, 8 July 2008 Dr. Alexander Böhmer, OECD Private Sector Development Division IRAQ: International Investment Treaty
More informationAGREEMENT BETWEEN THE GOVERNMENT OF THE REPLTBLIC OF KENYA AND THE GOVERNMENT OF THE UNITED ARAB EMIRATES THE PROMOTION AND PROTECTION OF INVESTMENTS
0 /----" AGREEMENT BETWEEN THE GOVERNMENT OF THE REPLTBLIC OF KENYA AND THE GOVERNMENT OF THE UNITED ARAB EMIRATES ON THE PROMOTION AND PROTECTION OF INVESTMENTS 0 AGREEMENT BETWEEN THE GOVERNMENT OF THE
More informationInput to the Investment Protections and Dispute Settlement Provisions of the EU Commission s Draft Trade in Services, Investment and E- Commerce
Input to the Investment Protections and Dispute Settlement Provisions of the EU Commission s Draft Trade in Services, Investment and E- Commerce National Association of Manufacturers Nov. 3, 2015 0 Comments
More informationEU and WTO/TRIPS & FTAs: Hard Standards and Flexibilities
EU and WTO/TRIPS & FTAs: Hard Standards and Flexibilities ESF SCSS Exploratory Workshop: The Future of Patent Governance in Europe Hamburg, 1-2 September 2014 Dr Henning Grosse Ruse - Khan Faculty of Law
More informationOccidental Exploration and Production Company v The Republic of Ecuador
This case summary was prepared in the course of research for S Ripinsky with K Williams, Damages in International Investment Law (BIICL, 2008) Case summary Occidental Exploration and Production Company
More informationAGREEMENT BETWEEN BOSNIA AND HERZEGOVINA AND THE SLOVAK REPUBLIC FOR THE PROMOTION AND RECIPROCAL PROTECTION OF INVESTMENTS
AGREEMENT BETWEEN BOSNIA AND HERZEGOVINA AND THE SLOVAK REPUBLIC FOR THE PROMOTION AND RECIPROCAL PROTECTION OF INVESTMENTS Bosnia and Herzegovina and the Slovak Republic (hereinafter referred to as the
More informationAGREEMENT BETWEEN AUSTRALIA AND THE LAO PEOPLE'S DEMOCRATIC REPUBLIC ON THE RECIPROCAL PROMOTION AND PROTECTION OF INVESTMENTS
Agreement between Australia and the Lao People's Democratic Republic on the Reciprocal Promotion and Protection of Investments (Vientiane, 6 April 1994) Entry into force: 8 April 1995 AUSTRALIAN TREATY
More informationCHAPTER 1 GENERAL PRINCIPLES AND CONCEPTS OF TAXATION
CHAPTER 1 GENERAL PRINCIPLES AND CONCEPTS OF TAXATION INHERENT POWERS OF THE STATE ESSENTIAL POWER NECESSARY FOR THE SOVEREIGN STATE S SURVIVAL. EXIST AS THE CENTRAL FORCE IN ORDER THAT A GOVERNMENT CAN:
More informationThe Government of the Kingdom of Thailand and the Government of the Union of Myanmar, hereinafter referred to as the "Contracting Parties";
AGREEMENT BETWEEN THE GOVERNMENT OF THE KINGDOM OF THAILAND AND THE GOVERNMENT OF THE UNION OF MY ANMAR FOR THE PROMOTION AND PROTECTION OF INVESTMENTS The Government of the Kingdom of Thailand and the
More informationThe EU s approach to Free Trade Agreements Investment
5 The EU s approach to Free Trade Agreements This paper forms part of a series of eight briefings on the European Union s approach to Free Trade Agreements. It aims to explain EU policies, procedures and
More informationConsultation notice. Introduction
Consultation notice Introduction Under the EU treaties, trade policy is decided at EU level. Representatives of the governments of the EU's Member States meet weekly with the European Commission to set
More informationIN THE ARBITRA TION UNDER CHAPTER ELEVEN OF THE NORTH AMERICAN FREE TRADE AGREEMENT WINDSTREAM ENERGY LLC GOVERNMENT OF CANADA
IN THE ARBITRA TION UNDER CHAPTER ELEVEN OF THE NORTH AMERICAN FREE TRADE AGREEMENT WINDSTREAM ENERGY LLC v. GOVERNMENT OF CANADA (PCA CASE NO. 2013-22) SUBMISSION OF MEXICO PURSUANT TO NAFTA ARTICLE 1128
More informationAGREEMENT BETWEEN AUSTRALIA AND THE CZECH REPUBLIC ON THE RECIPROCAL PROMOTION AND PROTECTION OF INVESTMENTS
Agreement between Australia and the Czech Republic on the Reciprocal Promotion and Protection of Investments (Canberra, 30 September 1993) Entry into force: 29 June 1994 AUSTRALIAN TREATY SERIES 1994 No.
More informationCanberra, 12 November Entry into force, 14 March 2007 AUSTRALIAN TREATY SERIES [2007] ATS 22
AGREEMENT BETWEEN THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA FOR THE PROMOTION AND PROTECTION OF INVESTMENTS Canberra, 12 November 2002 Entry into
More informationSYSTEMIC ISSUES IN INTERNATIONAL INVESTMENT AGREEMENTS (IIAs)
UNCTAD/WEB/ITE/IIA/2006/2 UNITED NATIONS CONFERENCE ON TRADE AND DEVELOPMENT Geneva SYSTEMIC ISSUES IN INTERNATIONAL INVESTMENT AGREEMENTS (IIAs) IIA MONITOR No. 1 (2006) International Investment Agreements
More informationChapter Twelve: Financial Services Comparative Study Table of Contents CHILE U.S. Date of Signature: June 6, 2003 Chapter Twelve: Financial Services
A Comparative Guide to the Chile-United States Free Trade Agreement and the Dominican Republic-Central America-United States Free Trade Agreement A STUDY BY THE TRIPARTITE COMMITTEE Chapter Twelve: Financial
More informationThe lack of an FET-standard in CETA
The lack of an FET-standard in CETA McGill University-Queen Mary University of London Conference Investment and ISDS in CETA Montreal, 1 November 2014 Dr. Nikos Lavranos, LLM Head of Legal Affairs Global
More informationCENTER FOR INTERNATIONAL ENVIRONMENTAL LAW (CIEL)
CENTER FOR INTERNATIONAL ENVIRONMENTAL LAW (CIEL) Separate Comments of TEPAC Members on the U.S.-Central American Free Trade Agreement (CAFTA) William Butler, Board Member, Audubon Naturalist Society Rhoda
More informationAGREEMENT BETWEEN AUSTRALIA AND THE REPUBLIC OF POLAND ON THE RECIPROCAL PROMOTION AND PROTECTION OF INVESTMENTS
Agreement between Australia and the Republic of Poland on the Reciprocal Promotion and Protection of Investments (Canberra, 7 May 1991) Entry into force: 27 March 1992 AUSTRALIAN TREATY SERIES 1992 No.
More informationAGREEMENT BETWEEN THE BELGO-LUXEMBOURG ECONOMIC UNION, on the one hand, AND THE REPUBLIC OF NICARAGUA, on the other hand,
AGREEMENT BETWEEN THE BELGO-LUXEMBOURG ECONOMIC UNION, on the one hand, AND THE REPUBLIC OF NICARAGUA, on the other hand, ON THE RECIPROCAL PROMOTION AND PROTECTION OF INVESTMENTS AGREEMENT BETWEEN THE
More informationBilateral Investment Treaty between Mexico and China
Bilateral Investment Treaty between Mexico and China Signed on July 11, 2008 This document was downloaded from the Dezan Shira & Associates Online Library and was compiled by the tax experts at Dezan Shira
More informationDEFINITION OF MICRO, SMALL AND MEDIUM-SIZED ENTERPRISES
EN Annex I DEFINITION OF MICRO, SMALL AND MEDIUM-SIZED ENTERPRISES Article 1 Enterprise An enterprise is considered to be any entity engaged in an economic activity, irrespective of its legal form. This
More informationCOMMENTS ON TEMPORARY AND PROPOSED REGULATIONS GOVERNING ALLOCATION OF PARTNERSHIP EXPENDITURES FOR FOREIGN TAXES (T.D. 9121; REG )
COMMENTS ON TEMPORARY AND PROPOSED REGULATIONS GOVERNING ALLOCATION OF PARTNERSHIP EXPENDITURES FOR FOREIGN TAXES (T.D. 9121; REG-139792-02) The following comments are the individual views of the members
More informationAgreement. between. and. the Islamic Republic of Iran. on the Promotion and Reciprocal Protection. Investments
between Agreement the Swiss Confederation and the Islamic Republic of Iran of on the Promotion and Reciprocal Protection Investments - 2 - Preamble,~ The Swiss Federal Council and the Government of the
More informationTHE ARBITRATION INSTITUTE OF THE STOCKHOLM CHAMBER OF COMMERCE UNDER THE SCC RULES
THE ARBITRATION INSTITUTE OF THE STOCKHOLM CHAMBER OF COMMERCE UNDER THE SCC RULES CALRISSIAN & CO., INC. CLAIMANT V. FEDERAL REPUBLIC OF DAGOBAH RESPONDENT SKELETON BRIEF ON BEHALF OF THE CLAIMANT 8 TH
More informationWorld Investment Report 2012
Twenty-Fifth Meeting of the IMF Committee on Balance of Payments Statistics Washington D.C., USA January 14 16, 2013 (Rescheduled from October 29 31, 2012) BOPCOM 12/21 World Investment Report 2012 Prepared
More informationTHE PRESIDENT OF THE UNITED STATES
1 104TH CONGRESS 1st Session " SENATE! TREATY DOC. 104 10 INVESTMENT TREATY WITH MONGOLIA MESSAGE FROM THE PRESIDENT OF THE UNITED STATES TRANSMITTING THE TREATY BETWEEN THE UNITED STATES OF AMERICA AND
More informationThe Canada-European Union Comprehensive Economic and Trade Agreement (CETA)
The Canada-European Union Comprehensive Economic and Trade Agreement (CETA) Making History Complete CETA text reached in August 2014, marking the end of negotiations. Canada and the EU finished the legal
More informationBilateral Investment Treaty between Jordan and China
Bilateral Investment Treaty between Jordan and China Signed on November 5, 2001 This document was downloaded from the Dezan Shira & Associates Online Library and was compiled by the tax experts at Dezan
More informationLegal Disputes Concerning the Plain Packaging of Tobacco Products
Legal Disputes Concerning the Plain Packaging of Tobacco Products Professor Andrew Mitchell Melbourne Law School The University of Melbourne a.mitchell@unimelb.edu.au Outline Background Australian Constitutional
More informationHINDUSTAN CONSTRUCTION COMPANY LIMITED RELATED PARTY TRANSACTION POLICY
HINDUSTAN CONSTRUCTION COMPANY LIMITED RELATED PARTY TRANSACTION POLICY 1. Preamble The Board of Directors (the Board ) of Hindustan Construction Company Limited (the Company or HCC ), has adopted the
More informationD R A F T. Agreement for the Promotion and Protection of Investment between the Republic of Austria and
D R A F T Agreement for the Promotion and Protection of Investment between the Republic of Austria and The REPUBLIC OF AUSTRIA and the, hereinafter referred to as Contracting Parties, RECALLING that foreign
More informationBENEFITING FROM EXPERIENCE: DEVELOPMENTS IN THE UNITED STATES MOST RECENT INVESTMENT AGREEMENTS
BENEFITING FROM EXPERIENCE: DEVELOPMENTS IN THE UNITED STATES MOST RECENT INVESTMENT AGREEMENTS Andrea J. Menaker * I. CLARIFICATION OF STANDARDS...122 II. TRANSPARENCY...124 III. IMPROVING EFFICIENCY
More informationAGREEMENT BETWEEN THE REPUBLIC OF TURKEY AND AUSTRALIA ON THE RECIPROCAL PROMOTION AND PROTECTION OF INVESTMENTS
AGREEMENT BETWEEN THE REPUBLIC OF TURKEY AND AUSTRALIA ON THE RECIPROCAL PROMOTION AND PROTECTION OF INVESTMENTS The Republic of Turkey and Australia ("the Parties"), RECOGNISING the importance of promoting
More informationAGREEMENT BETWEEN SERBIA AND MONTENEGRO AND THE REPUBLIC OF CYPRUS ON RECIPROCAL PROMOTION AND PROTECTION OF INVESTMENTS
AGREEMENT BETWEEN SERBIA AND MONTENEGRO AND THE REPUBLIC OF CYPRUS ON RECIPROCAL PROMOTION AND PROTECTION OF INVESTMENTS Serbia and Montenegro and the Republic of Cyprus (hereinafter referred to as the
More informationa) movable and immovable property as well as any other rights in rem such as mortgages, liens, pledges and similar rights;
AGREEMENT Contracting Party, provided that the investment has been made in accordance with laws and regulations of the latter Contracting Party and shall include in particular, but not exclusively: BElWEEN
More informationAGREEMENT ON THE PROMOTION AND RECIPROCAL PROTECTION OF INVESTMENTS BETWEEN THE KINGDOM OF SPAIN AND THE ISLAMIC REPUBLIC OF IRAN
AGREEMENT ON THE PROMOTION AND RECIPROCAL PROTECTION OF INVESTMENTS BETWEEN THE KINGDOM OF SPAIN AND THE ISLAMIC REPUBLIC OF IRAN The Government of the Kingdom of Spain and the Government of the Islamic
More informationIIA Reform phase II: modernizing the existing stock of old-generation treaties
7th Meeting of the Asia-Pacific Foreign Direct Investment (FDI) Network 2 November 2017 Bangkok, Thailand IIA Reform phase II: modernizing the existing stock of old-generation treaties Thomas van Giffen
More informationAnalysis of Regional Investment Frameworks Worldwide
Analysis of Regional Investment Frameworks Worldwide Sophie WERNERT Policy analyst Meeting of Working Group 1 MENA-OECD Investment Programme 15-16 February 2010, Amman, Jordan OECD Private Sector Development
More informationAGREEMENT BETWEEN THE GOVERNMENT OF JAPAN AND THE GOVERNMENT OF THE REPUBLIC OF KENYA FOR THE PROMOTION AND PROTECTION OF INVESTMENT
AGREEMENT BETWEEN THE GOVERNMENT OF JAPAN AND THE GOVERNMENT OF THE REPUBLIC OF KENYA FOR THE PROMOTION AND PROTECTION OF INVESTMENT AGREEMENT BETWEEN THE GOVERNMENT OF JAPAN AND THE GOVERNMENT OF THE
More informationEFC SUB-COMMITTEE ON EU SOVEREIGN DEBT MARKETS COLLECTIVE ACTION CLAUSE EXPLANATORY NOTE
EFC SUB-COMMITTEE ON EU SOVEREIGN DEBT MARKETS COLLECTIVE ACTION CLAUSE EXPLANATORY NOTE 1. Introduction On 28 November 2010, euro area finance ministers announced a number of policy measures intended
More informationFinancial Instruments (Updates to IPSAS 28-30)
Meeting: Meeting Location: International Public Sector Accounting Standards Board Stellenbosch, South Africa Meeting Date: December 6-9, 2016 Agenda Item 7 For: Approval Discussion Information Financial
More informationJAYANT AGRO-ORGANICS LIMITED
Code of Conduct for Members of the Board and Senior Management of Jayant Agro-Organics Ltd. (pursuant to sub-clause I (D) of Clause 49 of Listing Agreement) Preamble The Company already has for the last
More informationFundamentals of International Business Transactions
20 th Annual ALI-ABA Course of Study Fundamentals of International Business Transactions Part 2 Introduction to International Taxation Robert J. Cunningham Baker & McKenzie International is a Swiss Verein
More information