Pub Date : 2022-01-06DOI: 10.1093/law/9780192857804.003.0010
Dolzer Rudolf
This chapter studies attribution, the process whereby international law determines that a particular conduct is to be regarded as activity of a State which is capable of leading to State responsibility. This area of customary international law was the object of extensive efforts at codification by the International Law Commission (ILC). This work culminated in the adoption of the Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA) in 2001. Some treaties also offer special rules on attribution. For instance, the Energy Charter Treaty (ECT) contains its own rules on attribution in Articles 22 and 23. The ARSIWA give precedence to these treaty provisions where they represent a lex specialis. Ultimately, attribution follows three basic principles. First, actions of organs of States are attributed to the State. Second, even without the status of an organ, the acts of an entity will be attributed to the State if the entity is acting in the exercise of governmental authority. Third, even without the status of an organ, the actions of a person or entity will be attributed to the State if they take place under the direction and control of the State.
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Pub Date : 2022-01-06DOI: 10.1093/law/9780192857804.003.0008
Dolzer Rudolf
This chapter describes the standards of protection under international investment law. Most bilateral investment treaties (BITs) and other investment treaties provide for fair and equitable treatment (FET) of foreign investments. Thus, this concept is the most frequently invoked standard in investment disputes. It is also the standard with the highest practical relevance: a major part of successful claims pursued in international arbitration are based on a violation of the FET standard. The chapter then considers the notion of full protection and security (FPS); arbitrary or discriminatory measures; clauses on national treatment; most-favoured-nation (MFN) clauses; and ‘umbrella clauses’. It also looks at the explicit obligation to provide effective means to assert claims and enforce rights, and the conditions for the transfer of funds by investors into the host State and out of the host State.
{"title":"VIII Standards of Protection","authors":"Dolzer Rudolf","doi":"10.1093/law/9780192857804.003.0008","DOIUrl":"https://doi.org/10.1093/law/9780192857804.003.0008","url":null,"abstract":"This chapter describes the standards of protection under international investment law. Most bilateral investment treaties (BITs) and other investment treaties provide for fair and equitable treatment (FET) of foreign investments. Thus, this concept is the most frequently invoked standard in investment disputes. It is also the standard with the highest practical relevance: a major part of successful claims pursued in international arbitration are based on a violation of the FET standard. The chapter then considers the notion of full protection and security (FPS); arbitrary or discriminatory measures; clauses on national treatment; most-favoured-nation (MFN) clauses; and ‘umbrella clauses’. It also looks at the explicit obligation to provide effective means to assert claims and enforce rights, and the conditions for the transfer of funds by investors into the host State and out of the host State.","PeriodicalId":213704,"journal":{"name":"Principles of International Investment Law","volume":"82 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134207176","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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