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Human Rights and Investment Law

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Recent articles

  Tribunal says that any treatment of company officers must have “necessary link” to the claimant entitled to treaty-protection
  After claims of human rights violation are borne out, businessman pursues ad-hoc investment treaty arbitration against Turkmenistan
  New Books, Articles and Materials on International Investment Law, June 2012 to November 2012
  South Africa pushes phase-out of early bilateral investment treaties after at least two separate brushes with investor-state arbitration
  European Court of Human Rights rejects claims of expropriation by shareholders in nationalised bank
  ANALYSIS: Tribunal confirms Russia’s deliberate destruction of Spanish investors’ Yukos holdings; findings distinguished from human rights court
  Amicus submission rejected in Zimbabwe case; human rights law held inapplicable to ICSID proceedings
  ANALYSIS: Tribunal’s reading of amicus curiae tests could make life difficult for antagonistic amici - and those seeking to raise novel concerns such as human rights law
  Newly-released SAUR v. Argentina decision touches on illegality, test for expropriation, and financial "strangulation" of a concessionaire
  Ecuadorian plaintiffs withdraw request for protective measures, after sparring with Chevron over need for human rights authorities to intervene
  ANALYSIS: Interim measures granted by Inter-American Commission have featured in several recent investment controversies
  European Court of Human Rights rules on claims by landowners for excessively delayed expropriation payouts in Malta and Poland
  Arbitrators reject Greek investor’s claims that Romanian tax enforcements and food safety inspections breached investment treaty; Romania must bear $4 Million of its legal costs
  Arbitrators decline jurisdiction over Romania’s counter-claim against investor; Counter-claims popping up in other ICSID cases, particularly Ecuadorian oil disputes
  ANALYSIS: Novel human rights arguments are raised in Romania arbitration at ICSID; tribunal views BIT protections as more protective than European rights convention counterparts
  Ecuador bristles at suggestion that its treatment of the media is in breach of international investment treaty and human rights protections
  ANALYSIS: Threatened claim by off-shore investors in newspaper company could stir debate as to whether investment treaties protect “political” expression
  Former ICSID claimant wins human rights case for unlawful detention and asset seizures; court does not delve into misconduct questions that had roiled earlier arbitration
  In ignominious footnote to ICSID case, foreign investor is convicted of crimes against humanity
  Turkey must compensate land-owners affected by its land conservation policies; compensation calculated near time of judgment, not the date of interference
  Human Rights Court find some breaches by Russia in Yukos case, but diverges from earlier BIT arbitration ruling on other points
  Battle over reversed public tender to play out in investment treaty arbitration and before European human rights court
  Libananco v. Turkey postscript: minority shareholders in Uzan electricity companies also saw claims dismissed by European human rights court
  Southern African governments move to rein in international tribunal; passing judgment on Zimbabwe has led to political backlash against SADC tribunal
  European Human Rights Court dismisses claims against Turkey in Uzan electricity dispute
  Human Rights Court finds no damage suffered by foreign investors from shares freeze; parallel investment arbitration threatened against Czech Republic
  ANALYSIS: Tribunal in Grand River v. U.S.A. arbitration declines to import non-investment law obligations into NAFTA; role of other “relevant” legal obligations in treaty interpretation under Vienna Convention is not discussed
  Greece ordered to pay 3.7 million (EUR) in compensation for creeping expropriation via measures aimed at protection of endangered sea turtles; court dismisses as conjectural a much larger claim for lost-income
  Human Rights Court holds Hungary in violation of right to private life; Case highlights States’ responsibilities to police environmental effects of business activity
  Facts of failed ICSID arbitration claim give rise to ruling in human rights court; ‘veil-piercing’ of closely-held company is permitted
  Human Rights Court finds no violation of France’s duty to protect operations of UK company operating via English Channel tunnel
  Briefly Noted: UN Advisor seeks public input on principles for business and human rights
  Discontinuance of bilateral investment treaty claim leave some questions unresolved for South Africa; future shape of BIT program still up in the air
  Argentina liable for denying fair and equitable treatment to Suez-led consortia of foreign investors in Buenos Aires and Santa Fe water concessions
  Suez Analysis Part 1: Majority sets out view of fair and equitable treatment and Argentina’s ability to meet human rights law obligations in water disputes
  Suez Analysis Part 2: Judge Nikken assails reading of fair and equitable treatment in light of investor’s expectations and signals that states don’t impliedly waive their regulatory powers
  South Africa mining arbitration ends with a whimper, as terms of discontinuance are set down in award
  Chevron decision analysis: tribunal steps into Ecuadorian judicial robes to resolve underlying dispute
  Romania’s compliance with human rights ruling is studied, as other claims allege state failure to screen impact of industrial activity
  European Court of Human Rights orders Serbia to comply with arbitral award
  Human Rights Court departs from international law approach to damages for unlawful takings
  South Africa not prepared to let claimant walk away from ICSID claim without further conditions
  European Human Rights Court finds violations by Moldova of foreign investors’ rights to fair hearing and property protection
  Mining investors offer to withdraw politically sensitive arbitration claim against South Africa
  European Human Rights Court holds Czech Republic denied fair hearing to foreign investors; declines to hear BIT claims
  ANALYSIS: Arbitrators in Lebanon case grapple with non-treaty breaches, denial of justice, human rights law, and land occupation
  NGOs permitted to intervene in South Africa mining case and for second time at ICSID petitioners to see documents
  South Africa mining arbitration sees another amicus curiae intervention
  FREE: NGOs seek leave to intervene in ICSID arbitration arising out of South Africa’s treatment of foreign mining companies
  South African Government releases draft paper reviewing its BIT program, and calling for major revisions to approach
  FREE: Will the battle over Internet-filtering software play out on the investment treaty playing field?
  South Africa declines to appeal ruling ordering Gov't to assist farmers; regional tribunal finds Zimbabwe in contempt
  European Court of Human Rights publishes decision upholding admissibility of some Yukos claims against Russia
  Investment Arbitration Reporter Editor surveys role of human rights law in investment treaty arbitration
  Canadian indigenous association writes to tribunal in support of claimants in NAFTA tobacco arbitration
  ANALYSIS: human rights law arguments figure prominently in NAFTA dispute over indigenous tobacco enterprise
  Briefs exchanged in Grand River Enterprises, et.al. v. USA; NAFTA Chapter 11 arbitration arises out of tobacco dispute
  ANALYSIS: Enforceability of SADC judgment against Zimbabwe unclear, but judgment will doubtless be tabled in arbitrations
  South African Development Community tribunal rules that Zimbabwe land reform process breaches regional treaty
  Miner’s claim against South Africa moves forward slowly; ICSID to provide basic info on case to would-be interveners
 
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