CEU Electronic Theses and Dissertations, 2024
| Author | Nachosa, Sofiia |
|---|---|
| Title | The Impact of Armed Conflicts and Annexations on the Applicability of the Bilateral Investment Treaty: Precedent of the Crimean Cases |
| Summary | In this thesis, I will address the issue of the applicability of the BIT to the relations between the Ukrainian investors and the Russian Federation in the context of the occupation of the Crimean Peninsula by the Russian Federation in 2014. I will specifically focus on the jurisdictional questions surrounding the claims brought by the Ukrainian investors against the Russian Federation before the investment tribunals, namely recognition of the territorial jurisdiction via the application of the concept of “effective control” and recognition of the temporal jurisdiction. In order to conduct a comprehensive analysis of this topic I will research such subsidiary issues as the context of the economic situation before the annexation of Crimea, the difficulties in the interpretation of the BIT provisions, the concept of the effective control exercised by Russia over the Peninsula, the pros and cons of the recognition of jurisdiction by the tribunals and temporal scope of the jurisdiction. |
| Supervisor | Petsche, Markus |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2024/nachosa_sofiia.pdf |
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