Open Access
Recognition of Contracts as Investments in International Investment Arbitration
Loading...
Files
Zivkovic130UK.pdf (293.99 KB)
Zivkovic (2012)
License
Cadmus Permanent Link
Full-text via DOI
ISBN
ISSN
1973-2937
Issue Date
Type of Publication
Keyword(s)
LC Subject Heading
Other Topic(s)
EUI Research Cluster(s)
Initial version
Published version
Succeeding version
Preceding version
Published version part
Earlier different version
Initial format
Author(s)
Citation
European journal of legal studies, 2012, Vol. 5, No. 1, pp. 174-194
Cite
ZIVKOVIC, Velimir, Recognition of Contracts as Investments in International Investment Arbitration, European journal of legal studies, 2012, Vol. 5, No. 1, pp. 174-194 - https://hdl.handle.net/1814/24821
Abstract
The issue of recognition of contractual rights as protected investments in international investment arbitration, primarily under the auspices of ICSID, has sparked divergent approaches in case law. Treatment of certain contracts and the criteria used differ, which leads to unwelcome consequence of lowering legal certainty in a very sensitive issue. The aim of this paper is to contribute to enhancement and clarification of legal reasoning in this area, with a special focus on the criteria to be used and on sales contracts which are particularly controversial in practice. This is done through the analysis of the current state of affairs which is followed by a proposition of a new model of criteria which could present a beneficial compromise between the existing models and increase certainty.
Table of Contents
Additional Information
Published online: 29 July 2012