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Human Rights and Investment Law

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Recent articles

  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
 
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