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Implications of Termination of International Investment Agreements
Trpišovská, Denisa ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
1 ABSTRACT Implications of Termination of International Investment Agreements The international investment arbitration proceedings under the Washington Convention on the Settlement of Investment Disputes between States and Nationals of Other States ("ICSID arbitration proceedings" and "ICSID Convention") represents predominantly used mechanism of Investor-state dispute settlement. The adjudicative system of investment arbitration resolving disputes concerning breaches of foreign investment protection within the territory of the host states granted by bilateral investment treaties ("BITs") faces increasing criticism. The reluctance to abide by the binding awards of the arbitral tribunals on behalf of the host states and evolving displeasure towards the ICSID arbitration system triggered the wave of terminations of international investment agreements initiated by the states of the Latin America. Termination of international investment agreements significantly disturbs the procedural protection of foreign investments and ultimately deprives the foreign investors of the right to have their claims against the host states heard in designated arbitration forum. The ICSID arbitration proceedings are characteristic for the interconnection between international investment agreements, particularly the ICSID Convention...

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