5 Financial Products as Investments under Bilateral Investment Treaties and Other Multilateral Instruments with Consents to Arbitration

2015 ◽  
Author(s):  
Rivkin David W ◽  
Friedman Mark W
Keyword(s):  
Foreign Investment ◽  
Case Law ◽  
Sovereign Bonds ◽  
Financial Products ◽  
The Status ◽  
State Consent ◽  
Definition Of ◽  
Shed Light ◽  
Made In ◽  
Key Questions

This chapter discusses the status of financial products as qualifying investments under bilateral and multilateral treaties that contain protections for foreign investment, including the signatory States' consent to submit investor-State disputes to international arbitration. It first describes how an investor and a State consent to proceed to arbitration under such a treaty. Second, it discusses how a qualifying investment is generally defined for purposes of investor-State treaty arbitration. Third, it addresses significant treaty and case law developments relating specifically to financial products — such as loan agreements, sovereign bonds, and derivatives — as qualifying investments. These developments shed light on the key questions of whether an investment exists; whether the investment was made in the territory of the host State; and whether the investment was made by the claimant investor. The chapter concludes with comments on the trend favouring inclusion of financial instruments within the definition of investment.

Bayview Irrigation District et al. v. United Mexican States

ICSID Reports ◽  
2021 ◽  
Vol 19 ◽  
pp. 168-182
Keyword(s):  
Foreign Investment ◽  
Water Rights ◽  
Irrigation District ◽  
Legal Rights ◽  
Foreign Investor ◽  
Content Type ◽  
Home State ◽  
Territorial Jurisdiction ◽  
Definition Of ◽  
Made In

168Jurisdiction — Foreign investor — NAFTA, Article 1101(a) — Interpretation — Territorial jurisdiction — Whether NAFTA protected domestic investors who made investments in their home State from measures adopted by another State — Whether there was a legally significant connection between the measures and the claimantsInterpretation — Travaux préparatoires — Jurisdiction — Investment — Foreign investor — Whether the drafters intended for NAFTA to protect domestic or only foreign investmentJurisdiction — Investment — NAFTA, Article 1139 — Interpretation — Territorial jurisdiction — Whether a protected investment must be made in a foreign territory rather than the investor’s home StateJurisdiction — Investment — NAFTA, Article 1139(g) — Interpretation — Other property — Water rights — Whether investment in the form of legal rights to extract water was within the definition of other property — Whether rights included water while it was in another State

7 Expropriation and Compensation

2009 ◽  
Author(s):  
Gallagher Norah ◽  
Shan Wenhua
Keyword(s):  
Public Health ◽  
International Law ◽  
Foreign Investment ◽  
Case Law ◽  
Legal Regime ◽  
Foreign Investments ◽  
Core Element ◽  
Health Safety ◽  
Definition Of ◽  
Regulatory Actions

Expropriation is a core element of the international legal regime relating to foreign investment. The international law relating to expropriation has evolved rapidly within the context of the modern framework for foreign investments, including multilateral treaties, bilateral investment treaties (BITs), and domestic foreign investment laws. This chapter examines the scope and definition of expropriation in the treaties and case law. It reviews how the provisions on expropriation in China's BITs have evolved and considers their scope, and whether they cover indirect or regulatory expropriation which tribunals are more often faced with today. The majority of claims are for indirect or regulatory expropriation and this has prompted states to include provisions in their Model BITs excluding non-discriminatory regulatory actions by a state implemented in the interest of public health, safety, and the environment. The chapter considers the conditions of a lawful expropriation as it is an accepted principle that expropriation is not illegal. Finally, it looks at the level of compensation awarded for an expropriation, one of the more important aspects of this standard of protection.

The Legal Status of Local Government in South Africa under the New Constitutional Dispensation

2018 ◽  
Vol 33 (2) ◽  
Author(s):  
Mbuzeni Mathenjwa
Keyword(s):  
South Africa ◽  
Local Government ◽  
Legal Status ◽  
Case Law ◽  
The Status ◽  
History Of ◽  
The Republic ◽  
First Time

The history of local government in South Africa dates back to a time during the formation of the Union of South Africa in 1910. With regard to the status of local government, the Union of South Africa Act placed local government under the jurisdiction of the provinces. The status of local government was not changed by the formation of the Republic of South Africa in 1961 because local government was placed under the further jurisdiction of the provinces. Local government was enshrined in the Constitution of the Republic of South Africa arguably for the first time in 1993. Under the interim Constitution local government was rendered autonomous and empowered to regulate its affairs. Local government was further enshrined in the final Constitution of 1996, which commenced on 4 February 1997. The Constitution refers to local government together with the national and provincial governments as spheres of government which are distinctive, interdependent and interrelated. This article discusses the autonomy of local government under the 1996 Constitution. This it does by analysing case law on the evolution of the status of local government. The discussion on the powers and functions of local government explains the scheme by which government powers are allocated, where the 1996 Constitution distributes powers to the different spheres of government. Finally, a conclusion is drawn on the legal status of local government within the new constitutional dispensation.

Need of Human Rights as a Better Way of Life

Think India ◽  
2019 ◽  
Vol 22 (3) ◽  
pp. 72-83
Author(s):  
Tushar Kadian
Keyword(s):  
Human Rights ◽  
Basic Needs ◽  
Research Paper ◽  
Human Being ◽  
Way Of Life ◽  
Labour Unions ◽  
The People ◽  
The Subject ◽  
Definition Of ◽  
Made In

Actually, basic needs postulates securing of the elementary conditions of existence to every human being. Despite of the practical and theoretical importance of the subject the greatest irony is non- availability of any universal preliminary definition of the concept of basic needs. Moreover, this becomes the reason for unpredictability of various political programmes aiming at providing basic needs to the people. The shift is necessary for development of this or any other conception. No labour reforms could be made in history till labours were treated as objects. Its only after they were started being treating as subjects, labour unions were allowed to represent themselves in strategy formulations that labour reforms could become a reality. The present research paper highlights the basic needs of Human Rights in life.

Against Permanent Sovereignty

2017 ◽  
Author(s):  
Chris Armstrong
Keyword(s):  
Natural Resources ◽  
International Politics ◽  
Local Communities ◽  
Status Quo ◽  
Nation States ◽  
The Status ◽  
Made In

The status quo within international politics is that individual nation-states enjoy extensive and for the most part exclusive rights over the resources falling within their borders. Egalitarians have often assumed that such a situation cannot be defended, but perhaps some sophisticated defences of state or national rights over natural resources which have been made in recent years prove otherwise. This chapter critically assesses these various arguments, and shows that they are not sufficient to justify the institution of ‘permanent sovereignty’ over resources. Even insofar as those arguments have some weight, they are compatible with a significant dispersal of resource rights away from individual nation-states, both downwards towards local communities, and upwards towards transnational and global agencies.

Slave Women and Their Descendants among the Upper Classes in Tetouan, Morocco (1859–1956): Between Recognition and Conflict

2020 ◽  
pp. 036319902096739
Author(s):  
Josep Lluís Mateo Dieste
Keyword(s):  
Skin Color ◽  
Arab World ◽  
Family Members ◽  
Negative Stereotypes ◽  
The Social ◽  
Form Part ◽  
Slave Women ◽  
The Status ◽  
Definition Of ◽  
Determinant Factor

In the Arab world, the recognized children of elite men and slave women could adopt the status of their father, ignoring the slave origin of the mother, owing to a system of patrilineal transmission. This regime co-existed with negative stereotypes toward slaves and blackness, despite the very fact that—as this study of notable families in Tetouan between 1859 and 1956 demonstrates—skin color was not the determinant factor to form part of this group. Rather, it was based on the social definition of filiation, leading to legal disputes between family members to delineate the boundaries of kinship.

scholarly journals Ethiopia’s Bilateral Investment Treaties and Environmental Protection; The Need of Re-Negotiation for Corporate Responsibility

Global Jurist ◽  
2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Ayalew Abate
Keyword(s):  
Content Analysis ◽  
Environmental Protection ◽  
Foreign Investment ◽  
Corporate Responsibility ◽  
International Perspective ◽  
Environmental Responsibility ◽  
Bilateral Investment Treaties ◽  
The Status ◽  
Investment Treaties

Abstract This article argues that the bulk of the bilateral investment treaties (BITs) that Ethiopia has ever concluded, to regulate its bilateral foreign investment relations, don’t contain an environmental provision that require investing corporations to discharge responsibility towards environment and there is a pressing call for either to re-negotiate, update or engage in concluding of environmental side agreements (ESA). To substantiate the argument the trends of BIT making is assessed, the status of Ethiopian BITs have been evaluated through content analysis, environmental responsibility of Ethiopia has been examined both from domestic and international perspective, relevant reasons for the regulation of environment in foreign investment through BIT have been discussed and justifications for the need to renegotiate, update or make ESA in Ethiopia have been highlighted.

In Search of a Standard: References to the Rule of Law in the Case-law of the European Court of Human Rights

ICL Journal ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 43-69
Author(s):  
Eszter Polgári
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Case Law ◽  
Council Of Europe ◽  
The Rule Of Law ◽  
Working Definition ◽  
European Court ◽  
Structured Analysis ◽  
Definition Of ◽  
Grand Chamber

AbstractThe present article maps the explicit references to the rule of law in the jurisprudence of the ECtHR by examining the judgments of the Grand Chamber and the Plenary Court. On the basis of the structured analysis it seeks to identify the constitutive elements of the Court’s rule of law concept and contrast it with the author’s working definition and the position of other Council of Europe organs. The review of the case-law indicates that the Court primarily associates the rule of law with access to court, judicial safeguards, legality and democracy, and it follows a moderately thick definition of the concept including formal, procedural and some substantive elements. The rule of law references are predominantly ancillary arguments giving weight to other Convention-based considerations and it is not applied as a self-standing standard.

scholarly journals Rethinking Southern Europe: Society, Networks and Politics

2021 ◽  
pp. 1-10
Author(s):  
Alan Granadino ◽  
Eirini Karamouzi ◽  
Rinna Kullaa
Keyword(s):  
Cold War ◽  
Southern Europe ◽  
Eurozone Crisis ◽  
Development Education ◽  
Family Structures ◽  
Conceptual Clarity ◽  
Welfare Systems ◽  
The Status ◽  
Nineteenth And Twentieth Centuries ◽  
Definition Of

Writing and researching Southern Europe as a symbiotic area has always presented a challenging task. Historians and political scientists such as Stanley Payne, Edward Malefakis, Giulio Sapelli, and Roberto Aliboni have studied the concept of Southern Europe and its difficult paths to modernity. They have been joined by sociologists and anthropologists who have debated the existence of a Southern European paradigm in the nineteenth and twentieth centuries and the arduous transformation of the region's welfare systems, economic development, education and family structures. These scholarly attempts to understand the specificities of Southern Europe date back to the concerns of Western European Cold War strategists in the 1970s, many of whom were worried about the status quo of the region in the aftermath of the fall of the dictatorships. But this geographical and geopolitical definition of the area did not necessarily follow existing cultural, political and economic patterns. Once the Eurozone crisis hit in the 2000s these questions came back with renewed force but with even less conceptual clarity, as journalists and pundits frequently gestured towards vague notions of what they considered to be ‘Southern Europe’.

GDNF Therapy: Can We Make It Work?

2021 ◽  
pp. 1-4
Author(s):  
Anders Björklund
Keyword(s):  
Gene Therapy ◽  
Transcription Factor ◽  
Signaling Pathway ◽  
Therapeutic Potential ◽  
Threshold Level ◽  
New Findings ◽  
The Status ◽  
Interesting Discussion ◽  
Postmortem Studies ◽  
Made In

In two recent postmortem studies, Jeffrey Kordower and colleagues report new findings that open up for an interesting discussion on the status of GDNF/NRTN signaling in patients with Parkinson’s disease (PD), adding an interesting perspective on the, admittedly very limited, signs of restorative effects previously seen in GDNF/NRTN-treated patients. Their new findings show that the level of the GDNF signaling receptor Ret is overall reduced by about 65% relative to non-PD controls, and most severely, up to 80%, in nigral neurons containing α-synuclein inclusions, accompanied by impaired signaling downstream of the Ret receptor. Notably, however, the vast majority of the remaining nigral neurons retained a low level of Ret expression, and hence a threshold level of signaling. Further observations made in two patients who had received AAV-NRTN gene therapy 8–10 years earlier suggest the intriguing possibility that NRTN is able to restore Ret expression and upregulate its own signaling pathway. This “wind-up” mechanism, which is likely to depend on an interaction with dopaminergic transcription factor Nurr1, has therapeutic potential and should encourage renewed efforts to turn GDNF/NRTN therapy into success, once the recurring problem of under-dosing is resolved.

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