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The present article explores the relationship between investment and environmental law by examining the use of counterclaims and jurisdictional and applicable law clauses in IIAs. Environmental issues arising contextually to investment disputes have given rise to sustained debates on the...
This essay reviews five recent books on the fair and equitable treatment (FET) standard; the reading of all five books under review demonstrates that FET-related discourse is but a delicate exercise of the art of balanced attention and deep understanding (‘watching out’) of the more, as well as...
Countermeasures are part of customary international law and have been incorporated into the WTO as a mechanism to facilitate compliance. In the NAFTA sugar disputes, Mexico claimed that the measure in dispute was a countermeasure against a breach of NAFTA by the United States. Three US investors...
According to the European Commission, enforcement of the ICSID award in Micula constitutes illegal state aid under Article 107 TFEU. At the same time, Articles 53 and 54 ICSID Convention require unconditional enforcement of ICSID awards. So far, the relationship between the ICSID Convention and...
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