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 of World Investment and Trade – Brill
Published: Jan 1, 1
It’s your single place to instantly
discover and read the research
that matters to you.
Enjoy affordable access to
over 18 million articles from more than
15,000 peer-reviewed journals.
All for just $49/month
Query the DeepDyve database, plus search all of PubMed and Google Scholar seamlessly
Save any article or search result from DeepDyve, PubMed, and Google Scholar... all in one place.
Get unlimited, online access to over 18 million full-text articles from more than 15,000 scientific journals.
Read from thousands of the leading scholarly journals from SpringerNature, Wiley-Blackwell, Oxford University Press and more.
All the latest content is available, no embargo periods.
“Hi guys, I cannot tell you how much I love this resource. Incredible. I really believe you've hit the nail on the head with this site in regards to solving the research-purchase issue.”Daniel C.
“Whoa! It’s like Spotify but for academic articles.”@Phil_Robichaud
“I must say, @deepdyve is a fabulous solution to the independent researcher's problem of #access to #information.”@deepthiw
“My last article couldn't be possible without the platform @deepdyve that makes journal papers cheaper.”@JoseServera