Responsibility of a Host State in Transnational Investment Disputes

Valeriy Lisitsa ()
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Valeriy Lisitsa: Novosibirsk State University Russian Federation Siberian Federal University Russian Federation Novosibirsk State University of Economics and Management Russian Federation, Postal: RU

Journal of Advanced Research in Law and Economics, 2018, vol. 9, issue 1, 139-146

Abstract: The article seeks to define the legal nature of the responsibility of a host state in transnational investment disputes It considers numerous rules treaties national law customs soft law etc and their application within a domestic legal system to ensure the proper implementation of civil and other legal rights and obligations of host states and foreign investors It is argued that the involvement of foreign investors and host states in international commercial arbitration including the ICSID and the application of international law along with national law as a legal ground for the payment of compensation do not change the nature of the existing legal relationship between the parties of the investment dispute The responsibility of the host state to the foreign investor expressed in the state s obligation to pay damages compensation remains in the private rather than international public law sphere In conditions of lack of proper rules of investment law states should not stand aside from the present process of making such rules by non state actors This situation detracts from the treaty as a major source of international law sometimes does not correspond to the interests of host states and moreover may threaten their sovereignty

Date: 2018
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Persistent link: https://EconPapers.repec.org/RePEc:srs:jarle0:v:9:y:2018:i:1:p:139-146

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