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Burundi pleads human rights law in defence, but tribunal is unmoved
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Lost profits rejected for lack of evidence; damages based on market value as evidenced in contract with US Embassy
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Real estate purchase amounts to investment; claim held admissible
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Failure to prevent damage by squatters constitutes expropriation
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Tribunal connects FET and legitimate expectations to host state’s level of development
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Tribunal acknowledges flexibility of BIT obligations for certain states, but finds that Burundi could have – but failed – to meet full protection and security requirements
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Violation of full protection & security alleged
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Annulment of registered title due to politically charged events that led to cancellation of a sale contract with the US Embassy
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Counter-claim meets two key tests
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Damages reduced for investor misconduct
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Failure to abide by settlement from earlier ICSID case underpins FET breach
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Interferences with airline businesses lead to additional FET breach
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