Search results for ___ in ___ using the tag Investment Arbitration between 01/01/2008 and 29/08/2026 by ___.

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Essential Security Interests Exceptions and the Limits of Self-Judgment: Implications of Riverside Coffee v Nicaragua

In recent years, national security has increasingly served as a justification to deviate from international law obligations. The ICSID award in Riverside Coffee v…

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Expropriation, Oil and the Prohibition on the Use of Force: Justification Narratives and the Effectiveness of International Law in the Venezuela Crisis

The US military intervention in Venezuela amounts to a manifest breach of the prohibition on the use of force under international law. Neither self-defence nor authorization by the…

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When Reinforced Self-Judgment Meets Judicial Review: Insights from Seda v. Colombia

On 27 June 2024, the tribunal in the investment dispute Seda v Colombia delivered a long-awaited award. The decision, hailed by Colombia as ‘historic’, represents the…

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Dual Nationals in Investment Treaty Arbitration: An Emerging Field of Inconsistent Decisions

Introduction Nationality is a crucial marker for protection in international investment law. Only investors that qualify as nationals of a contracting party can access investment…

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A Little Threat from My Friends: An EU-based Company Contemplates Taking War-Torn Ukraine to Investment Arbitration

On 18 August 2022, the Bureau of Economic Security of Ukraine (ESBU) seized the assets of one of Ukraine’s largest fuel retailers, AMIC Ukraine, the…

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ISDS reform and air guitar: A response to Grant and Kieff

In issue 2020(2) of EJIL, we published an empirical study concerning the public perception of investment arbitration. Our article presents the results of four experiments…

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Will the Morocco-Nigeria Bilateral Investment Treaty Transform Sustainable Development into Hard Law?

The SDGs have now received virtually global endorsement. At the same time, new BITs have emerged which incorporate both the SDGs and the concept of sustainable development. This…

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UNCITRAL and ISDS Reform (Hybrid): Season 5 – Watching the Grass Grow

Watching UNCITRAL Working Group III over the years has been a bit like viewing a long-running television series. The beginning of the process was exciting as we met…

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Ecuador returns to the ICSID Convention: A brief assessment of its decade-long international investment law ‘exit strategy’

On July 6, 2009, Ecuador notified (here) the World Bank of its denunciation of the Convention on the Settlement of Investment Disputes between States and Nationals of…

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An Analysis of the Use of ICJ Jurisprudence in Investor-State Dispute Settlement

Last October 2018, the International Court of Justice (“ICJ” or “the Court”) issued its merits judgment in Obligation to Negotiate Access to the Pacific Ocean (Bolivia v.

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