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International Investment Law Symposium Online Publications

Public vs. Private: State-Owned Enterprises as Claimants in ICSID Arbitration

Introduction: The International Center for Settlement of Investment Disputes (“ICSID”) Convention is intended to encourage private investment internationally by providing a forum for the resolution of investment disputes between a Contracting State and “national[s] of another Contracting State.”01Convention on the Settlement of Investment Disputes between States and Nationals of Other States art. 25(1), entry into force Oct. 14, 1966, 17 U.S.T. 1270, 575 U.N.T.S. 159 (“ICSID Convention”). The definitions of “private investment”02Private international investment is not defined in the ICSID Convention. and “national[s]”03ICSID Convention, supra note 1, at art. 25(2) defines a national as: (a) any natural person who had…

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International Investment Law Symposium Online Publications

Shades of Green: Health, Safety, and Environmental Protections in China’s International Investment Agreements

Introduction: Sixteen years ago, China succeeded in its campaign to join the World Trade Organization (“WTO”), following a series of dramatic reforms to its domestic economic system, and its assertion that global trade and international competition should benefit all States, regardless of their level of development.01China Joins the WTO – At Last, BBC News (Dec. 11, 2001), http://news.bbc.co.uk/2/hi/business/1702241.stm (supporting new trade negotiation rounds “on the basis of full consideration of the interests and reasonable requests of developing countries”). The very next day, China signed a new Bilateral Investment Treaty (“BIT”), a type of International Investment Agreement (“IIA”) in which two…

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International Investment Law Symposium LLM Perspectives Online Publications

Can the E.U. Proposal to Establish an Investment Court Through TTIP Inform the Establishment of an Appeal Mechanism in ICSID?

1. Introduction The negotiations between the E.U. and the U.S. on the Transatlantic Trade and Investment Partnership (TTIP) have sparked new public debates on the legitimacy of arbitration as an investor-state dispute settlement mechanism. Investor-state arbitration has been subject to increasing criticism in recent years.01Steven Finizio, The European Commission’s Draft TTIP and the Proposed Investment Court System, Lexis PSL Arb., Sept. 30, 2015. Practitioners are concerned with the lack of consistency among arbitral awards and the absence of a procedure to correct erroneous decisions. Critics also maintain that arbitrators are inherently biased against states.02John Beechy, Investment Arbitration, TTIP – Myths…

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Featured International Investment Law Symposium Online Publications

2017 Penn JIL Online Symposium: International Investment Law

JIL Online is pleased to present this online symposium of student work on international investment and arbitration. The Journal of International Law originally began as an international business law journal, evolving over the years to encompass a wider array of international legal issues. Likewise, the investor-state dispute settlement process was originally designed to resolve a limited range of business concerns, but it has since grown to address a broader range of social and political issues. In recent years, the regime of international investment laws have greatly influenced the political conversation, both in the United States and abroad, and continued academic…

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International Investment Law Symposium LLM Perspectives Online Publications

Denunciation of ICSID: Does it Really Mean no ICSID Arbitration?

I. Introduction The ICSID Convention (also known as the “Washington Convention”) is a multilateral treaty that created the institution known as “ICSID” or “the Centre,” as a platform to resolve investment disputes. The executive directors of the International Bank of Reconstruction and Development (“World Bank”) approved the final draft of the agreement, known as the Convention on the Settlement of Investment Disputes between States and Nationals of Other States, and the president of the World Bank disseminated the convention to its Member States for signature on 18 March 1965.01International Centre for Settlement of Investment Disputes, Wikipedia, https://en.wikipedia.org/wiki/International_Centre_for_Settlement_of_Investment_Disputes (last visited Feb.…

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International Investment Law Symposium LLM Perspectives Online Publications

Non-Action as an Indirect Expropriation

This paper is based on the final paper of the class “International Investment Law” taught by Professor William W. Burke-White in the 2016 spring semester. The author would like to thank Professor Burke-White and the other class participants for their invaluable instructions, guidance and comments. All errors and omissions are the author’s alone. The author can be reached at yuraychang@hotmail.com. I. Introduction Indirect expropriation, including creeping expropriation and consequential expropriation, is a relatively vague concept, and there is no clear applicable rule under customary international law addressing the relationship between these concepts. This paper illustrates the intricacies of these concepts…

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