Temporal Issues Relating to BIT Dispute Resolution
نویسندگان
چکیده
Abstract An investor–State tribunal formed under a bilateral investment treaty (BIT) may be called upon to determine its jurisdiction ratione temporis based on various ‘critical dates’ such as: the date of entry into force BIT; when was made; investor acquired requisite nationality; alleged breach; first knowledge breach and loss; and/or dispute arose. When confronted with temporal issues, tribunals over past two decades have often reverted ‘secondary’ rules found in International Law Commission’s 2001 Articles Responsibility States for Internationally Wrongful Acts, law treaties. This article identifies series propositions that extracted from recent jurisprudence concerning those secondary rules, particular attention application rule non-retroactivity. Except relatively limited situations, appear disinclined find breaches or disputes are pre-BIT acts. Consequently, this considers as well whether host State’s has continuing composite character, thus overcoming any bar. While it would excessive say area provided perfect means addressing they generated comprehensible framework within which successfully operating.
منابع مشابه
Certification Issues Relating to ABDR
New tactical air vehicles are normally designed to be ballistically survivable on the modern battlefield by incorporating active and passive signature reduction and ballistic damage tolerance features. A large percentage of these air vehicles return from combat missions with various levels of combat damage or may suffer from ballistic threads while on ground. Maximum air vehicle fleet availabil...
متن کاملDispute prevention and dispute resolution in networked health information technology
The United States has committed to promote Health Information Technology through Electronic Health Records that will be exchanged among participants in the healthcare enterprise. In anticipation of problems, legal remedies have been established to protect the rights of all participants, especially their rights to protect the privacy of their own information. However, there are certain to be sit...
متن کاملAlternative dispute resolution and mediation.
Doctors and patients are not natural enemies. On the contrary, there is commonly a special relationship between them, with vulnerability and trust on one side and caring and professional expertise on the other. A medical dispute can create turmoil of that relationship, particularly if it is conducted in the traditional adversarial procedure. Depending on how it develops, the patient may see the...
متن کاملDispute Resolution for gTLD Conflicts
Efficient and equitable dispute resolution is key to avoiding systemic disturbance in the use and valorization of top level domain names (TLDs). Such dispute resolution is also important given the increasing number of clashes between TLD providers and managers and between trademark owners and generic (gTLD)-related registrants. ICANN policies/rules form the basis of gTLD-related second level do...
متن کاملذخیره در منابع من
با ذخیره ی این منبع در منابع من، دسترسی به آن را برای استفاده های بعدی آسان تر کنید
ژورنال
عنوان ژورنال: ICSID Review: Foreign Investment Law Journal
سال: 2022
ISSN: ['0258-3690', '2049-1999']
DOI: https://doi.org/10.1093/icsidreview/siab030