Panama Canal: Analyzing U.S. Reclamation and Legal Threats
Could the U.S. Reclaiming the Panama Canal Trigger International Legal Battles?
Recent threats by the President of the United States to "take back" control of the Panama Canal have sparked significant international legal concerns. These bold statements have not only created diplomatic tensions but could potentially trigger a...
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BIT Switzerland Colombia: Key Insights
What if investing in Colombia could be easier and more secure than you thought? The Bilateral Investment Treaty (BIT) between Switzerland and Colombia aims to provide a favorable environment for investors by enhancing the protections and frameworks available under this trade agreement. This article will explore key features...
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Agrarian Reform Dispute: Smurfit Holdings v. Venezuela:
The Smurfit Holdings B.V. v. Bolivarian Republic of Venezuela case underscores the intricate balancing act between a state's sovereign rights to implement public policies, such as agrarian reform and anti-speculation measures, and its obligations under international law. This landmark case, resolved through the International Centre for Settlement of...
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Wrongful Expropriation in International Investment
Have you ever wondered how to shield your foreign direct investment from unlawful government seizure? In this post, we unfold critical legal strategies to combat wrongful expropriation, an issue at the heart of many investor-state dispute settlements. By understanding international investment law and exploring proven defenses within legal...
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“FET” Fair and Equitable Treatment: Unpacking Exceptions
Navigating Fair and Equitable Treatment: Unpacking Exceptions
Grasping the subtleties of fair and equitable treatment (FET) within international investment can be as complex as it is critical, particularly as Investor-State Dispute Settlement (ISDS) mechanisms come under scrutiny. Examples such as Enron’s collapse...
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Expropriation Defenses in International Law
Expropriation Defenses in International Law: A Comprehensive OverviewExpropriation defenses form a critical battleground in the domain of international arbitration and investment disputes. At the heart of many of these contentious cases is the intricate dance of Investor-State Dispute Settlement (ISDS) mechanisms, where the...
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National Treatment Principle in International Investment Law
How Is Application Of National Treatment Principle in International Investment Law
As one sips on a drink tailored to personal taste, countries engage in a different kind of recipe development by mixing principles of international economics, intellectual property rights, and market access to create a blend...
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Host State Security Lapses
Host State Security Lapses: Inadequate Protection and Security in Investment
Navigating the complex landscape of international investment can be a daunting task, especially when there is a "Host State Security Lapses" for investors face inadequate protection and security from host states.
The lack...
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Dual Nationality Dispute: ICSID vs. UNCITRAL Ruling
Dual Nationality in International Arbitration: ICSID vs. UNCITRAL Rules
In the complex world of international arbitration, the issue of dual nationality dispute often arises, presenting unique challenges for parties, arbitrators, and legal practitioners alike.
The treatment of dual nationality varies significantly between the...
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Energy Charter Treaty: Dispute mechanisms
Energy Charter Treaty Dispute Mechanisms: An Overview
The intricacies of the Energy Charter Treaty (ECT) offer a fascinating panorama into the world of international arbitration law, where the mechanisms to settle disputes are as diverse and complex as the energy sector itself.
At...
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