Diplomatic Protection under International Investment Treaties

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Mirabbasi seyed Bagher; Siavashpour Hamidreza

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Journal Paper

Paper Information

Journal: PUBLIC LAW STUDIES QUARTERLY Year:2020 | Volume:49 | Issue:4 Page(s): 1109-1125

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Information Journal Paper

Title

Diplomatic Protection under International Investment Treaties

Author(s)

Mirabbasi seyed Bagher | Siavashpour Hamidreza | Issue Writer Certificate

Keywords

NationalityQ2

state-state arbitrationQ1

investor-state arbitrationQ1

exhaustion of local remedies clauseQ1

Preponderance TestQ1

Abstract

With the rise of investment treaties, investor-state arbitration became the main solution to adjudicate the investment disputes and therefor diplomatic protection claims have declined in numbers. Most investment treaties also provide that each treaty party can bring a state-state arbitral claim against another treaty party concerning disputes about the interpretation or application of the treaty. Furthermore, home state of investor can bring a diplomatic protection claim for violations suffered by it's nationals against the host state. As there is an applicable investment treaty between the dispute's parties, this kind of diplomatic protection claims is subject to distinct rules and prerequisites, governed by the treaty rather than by customary international law. A peculiar focus is placed hereby on the necessity to exhaust local remedies before proceedings may be initiated and on mixed claims that entail espoused claims as well as claims for an own and direct violation of the state.

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APA: Copy

Mirabbasi, seyed Bagher, & Siavashpour, Hamidreza. (2020). Diplomatic Protection under International Investment Treaties. PUBLIC LAW STUDIES QUARTERLY, 49(4 ), 1109-1125. SID. https://sid.ir/paper/251318/en

Vancouver: Copy

Mirabbasi seyed Bagher, Siavashpour Hamidreza. Diplomatic Protection under International Investment Treaties. PUBLIC LAW STUDIES QUARTERLY[Internet]. 2020;49(4 ):1109-1125. Available from: https://sid.ir/paper/251318/en

IEEE: Copy

seyed Bagher Mirabbasi, and Hamidreza Siavashpour, “Diplomatic Protection under International Investment Treaties,” PUBLIC LAW STUDIES QUARTERLY, vol. 49, no. 4 , pp. 1109–1125, 2020, [Online]. Available: https://sid.ir/paper/251318/en

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