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Part III Dispute Resolution and Political Risk, Ch.10 Intervention of States in Investment Disputes

From: International Investment, Political Risk, and Dispute Resolution: A Practitioner's Guide

N. Stephan Kinsella, Noah D. Rubins

From: Investment Claims (http://oxia.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved. date: 20 May 2022

Exhaustion of local remedies — Restitution — Nationality of investor — BITs (Bilateral Investment Treaties) — Use of force, prohibition

Chapter 10 details actions that an investor’s home state may take to protect the investor in response to host-State interference with investment. The following issues are explained and analyzed: formal and informal requirements for state “espousal of claims”, how to seek espousal, and its interaction with investor-state arbitration; and types of state assistance short of espousal. Also covered are state-to-state dispute resolution under treaties such as bilateral investment treaties (BITs) and FCN treaties, as well as dispute resolution procedures at the International Court of Justice (ICJ). Other topics covered include economic sanctions (such as freezing of assets and “vesting”), and the possibility of Invalidation of Title, with an examination of the general rule and its application by various states including the United Kingdom and the United States. Final topics include prohibitions against the use of force and the Foreign Claims Settlement Act of the United States.

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