نوع مقاله : علمی پژوهشی
نویسنده
دکترای حقوق بینالملل از دانشگاه شهید بهشتی
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
A Number of different elements affect the calculation of compensation arising out of breach of investment treaty standards. A series of these elements address conditions and circumstances of the host State. This article examines the effect of economic crisis and pandemics, political and economic conditions of the host state, and obligations other than those of investment treaties at the damages quantum phase of investment arbitration.
If economic crisis prompts the host State to take measures breaching investment treaties' obligations, necessity defense could be raised as one of the circumstances precluding wrongfulness of the act of State. Many investment treaties include provisions on non-precluded measures which raise a debate as to the interaction of these measures and the circumstances precluding wrongfulness in customary international law. Investment arbitration tribunals have not yet reached a clear solution to reconcile these different sets of provisions.
Furthermore, attention has been paid to the effect of various factors such as economic situation of the host State as well as non-investment treaty obligations of the host State on the calculation of compensation in recent years. given the possible future investment disputes, there is a prospect for developments in the practice of the tribunals on issues discussed herein.
کلیدواژهها [English]
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