Lack of Definition of Compensation in International Investment Disputes for Non-Expropriation Claims: Is There an Appropriate Mechanism to Determine it?
The principle of full compensation restates the right of the investor to be repaired in the losses he has suffered as a consequence of a wrongful act by the State. The guarantee of this principle is in the core of international investment law and should be in the investment dispute resolution. However, its application has been subject to different criteria and arbitrators have not used common parameters. Instead, each case has shown the tribunals’ creativity regarding the methodology of compensation to apply.The structure followed is as follows: Firstly, the principle of full compensation applicable to international state responsibility and the key aspects of State liability in three main legal systems. Secondly, the analysis of some releva... Ver más
Guardado en:
1692-3960
10
2011-12-16
75
122
http://purl.org/coar/access_right/c_abf2
info:eu-repo/semantics/openAccess
| id |
730e6875ef4431f7f9073391b1b8a89e |
|---|---|
| record_format |
ojs |
| spelling |
Lack of Definition of Compensation in International Investment Disputes for Non-Expropriation Claims: Is There an Appropriate Mechanism to Determine it? application/pdf Text http://purl.org/coar/access_right/c_abf2 info:eu-repo/semantics/openAccess http://purl.org/coar/version/c_970fb48d4fbd8a85 info:eu-repo/semantics/publishedVersion http://purl.org/redcol/resource_type/ARTREF http://purl.org/coar/resource_type/c_6501 info:eu-repo/semantics/article https://creativecommons.org/licenses/by-nc-sa/4.0/ Español https://revistas.uexternado.edu.co/index.php/emerca/article/view/3049 Revista e-mercatoria Departamento de Derecho Comercial Publication Energy Chapter Treaty The principle of full compensation restates the right of the investor to be repaired in the losses he has suffered as a consequence of a wrongful act by the State. The guarantee of this principle is in the core of international investment law and should be in the investment dispute resolution. However, its application has been subject to different criteria and arbitrators have not used common parameters. Instead, each case has shown the tribunals’ creativity regarding the methodology of compensation to apply.The structure followed is as follows: Firstly, the principle of full compensation applicable to international state responsibility and the key aspects of State liability in three main legal systems. Secondly, the analysis of some relevant awards based on non-expropriation claims including NAFTA, ICSID and Energy Chapter Treaty cases. The aim is to determine whether the principle of full compensation has been applied by arbitrators. Finally, to propose some general parameters to determine compensation in non-expropriation claims and to avoid entry into conflict with the three main liability systems studied, i.e French, German and English. Arias Barrera, Ligia Catherine Artículo de revista International Investment Disputes 2 10 Non-expropriation claims NAFTA ICSID Principle of full compensation. Lack of Definition of Compensation in International Investment Disputes for Non-Expropriation Claims: Is There an Appropriate Mechanism to Determine it? Journal article 2011-12-16T00:00:00Z https://revistas.uexternado.edu.co/index.php/emerca/article/download/3049/2698 2011-12-16 75 https://revistas.uexternado.edu.co/index.php/emerca/article/view/3049 1692-3960 2011-12-16T00:00:00Z 122 |
| institution |
UNIVERSIDAD EXTERNADO DE COLOMBIA |
| thumbnail |
https://nuevo.metarevistas.org/UNIVERSIDADEXTERNADODECOLOMBIA/logo.png |
| country_str |
Colombia |
| collection |
Revista e-mercatoria |
| title |
Lack of Definition of Compensation in International Investment Disputes for Non-Expropriation Claims: Is There an Appropriate Mechanism to Determine it? |
| spellingShingle |
Lack of Definition of Compensation in International Investment Disputes for Non-Expropriation Claims: Is There an Appropriate Mechanism to Determine it? Arias Barrera, Ligia Catherine Energy Chapter Treaty International Investment Disputes Non-expropriation claims NAFTA ICSID Principle of full compensation. |
| title_short |
Lack of Definition of Compensation in International Investment Disputes for Non-Expropriation Claims: Is There an Appropriate Mechanism to Determine it? |
| title_full |
Lack of Definition of Compensation in International Investment Disputes for Non-Expropriation Claims: Is There an Appropriate Mechanism to Determine it? |
| title_fullStr |
Lack of Definition of Compensation in International Investment Disputes for Non-Expropriation Claims: Is There an Appropriate Mechanism to Determine it? |
| title_full_unstemmed |
Lack of Definition of Compensation in International Investment Disputes for Non-Expropriation Claims: Is There an Appropriate Mechanism to Determine it? |
| title_sort |
lack of definition of compensation in international investment disputes for non-expropriation claims: is there an appropriate mechanism to determine it? |
| title_eng |
Lack of Definition of Compensation in International Investment Disputes for Non-Expropriation Claims: Is There an Appropriate Mechanism to Determine it? |
| description |
The principle of full compensation restates the right of the investor to be repaired in the losses he has suffered as a consequence of a wrongful act by the State. The guarantee of this principle is in the core of international investment law and should be in the investment dispute resolution. However, its application has been subject to different criteria and arbitrators have not used common parameters. Instead, each case has shown the tribunals’ creativity regarding the methodology of compensation to apply.The structure followed is as follows: Firstly, the principle of full compensation applicable to international state responsibility and the key aspects of State liability in three main legal systems. Secondly, the analysis of some relevant awards based on non-expropriation claims including NAFTA, ICSID and Energy Chapter Treaty cases. The aim is to determine whether the principle of full compensation has been applied by arbitrators. Finally, to propose some general parameters to determine compensation in non-expropriation claims and to avoid entry into conflict with the three main liability systems studied, i.e French, German and English.
|
| author |
Arias Barrera, Ligia Catherine |
| author_facet |
Arias Barrera, Ligia Catherine |
| topicspa_str_mv |
Energy Chapter Treaty International Investment Disputes Non-expropriation claims NAFTA ICSID Principle of full compensation. |
| topic |
Energy Chapter Treaty International Investment Disputes Non-expropriation claims NAFTA ICSID Principle of full compensation. |
| topic_facet |
Energy Chapter Treaty International Investment Disputes Non-expropriation claims NAFTA ICSID Principle of full compensation. |
| citationvolume |
10 |
| citationissue |
2 |
| publisher |
Departamento de Derecho Comercial |
| ispartofjournal |
Revista e-mercatoria |
| source |
https://revistas.uexternado.edu.co/index.php/emerca/article/view/3049 |
| language |
Español |
| format |
Article |
| rights |
http://purl.org/coar/access_right/c_abf2 info:eu-repo/semantics/openAccess https://creativecommons.org/licenses/by-nc-sa/4.0/ |
| type_driver |
info:eu-repo/semantics/article |
| type_coar |
http://purl.org/coar/resource_type/c_6501 |
| type_version |
info:eu-repo/semantics/publishedVersion |
| type_coarversion |
http://purl.org/coar/version/c_970fb48d4fbd8a85 |
| type_content |
Text |
| publishDate |
2011-12-16 |
| date_accessioned |
2011-12-16T00:00:00Z |
| date_available |
2011-12-16T00:00:00Z |
| url |
https://revistas.uexternado.edu.co/index.php/emerca/article/view/3049 |
| url_doi |
https://revistas.uexternado.edu.co/index.php/emerca/article/view/3049 |
| issn |
1692-3960 |
| citationstartpage |
75 |
| citationendpage |
122 |
| url2_str_mv |
https://revistas.uexternado.edu.co/index.php/emerca/article/download/3049/2698 |
| _version_ |
1797157575630782464 |