"No Equals in Wrong?" The Issue of Equality in a State of Illegality

"No Equals in Wrong?" The Issue of Equality in a State of Illegality I. Introductory REMARKS The issue of equality in a state of illegality frequently recurs in international investment practicel but has rarely surfaced in international investment arbitrations. The Award and Separate Opinion in 7hiinderbird v. The United Mexican States2 are to some extent exceptional in this sense. In this case a foreign corporation (Thunderbird) and a national one (Guardina) operating gaming facilities were both allegedly in violation of certain Mexican gambling regulations.3 While the domestic investor had continuing success to fend off any attempts by the respective authority (SECOB) to interfere with its business, the foreign investor was less fortunate. lt appears that it, although equipped with a comfort letter by SEGOB stating that it was not violating national gambling laws in the manner it conducted its business, faced enforcement actions considerably more intense and focused, which could raise the impression that some discriminatory elements were actually present.4 It is with such kind of situation in mind that I refer in this short article to the issue of equality in a state of illegality. Leaving the lowlands of the actual case behind and putting the subject-matter ofthe article in more abstract terms, one can depict the area under discussion http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal of World Investment and Trade Brill

"No Equals in Wrong?" The Issue of Equality in a State of Illegality

Journal of World Investment and Trade, Volume 7 (6): 15 – Jan 1, 1

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1660-7112
eISSN
2211-9000
DOI
10.1163/221190006X00036
Publisher site
See Article on Publisher Site

Abstract

I. Introductory REMARKS The issue of equality in a state of illegality frequently recurs in international investment practicel but has rarely surfaced in international investment arbitrations. The Award and Separate Opinion in 7hiinderbird v. The United Mexican States2 are to some extent exceptional in this sense. In this case a foreign corporation (Thunderbird) and a national one (Guardina) operating gaming facilities were both allegedly in violation of certain Mexican gambling regulations.3 While the domestic investor had continuing success to fend off any attempts by the respective authority (SECOB) to interfere with its business, the foreign investor was less fortunate. lt appears that it, although equipped with a comfort letter by SEGOB stating that it was not violating national gambling laws in the manner it conducted its business, faced enforcement actions considerably more intense and focused, which could raise the impression that some discriminatory elements were actually present.4 It is with such kind of situation in mind that I refer in this short article to the issue of equality in a state of illegality. Leaving the lowlands of the actual case behind and putting the subject-matter ofthe article in more abstract terms, one can depict the area under discussion

Journal

Journal of World Investment and TradeBrill

Published: Jan 1, 1

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