CEU Electronic Theses and Dissertations, 2024
| Author | Stetsyshyn, Khrystyna |
|---|---|
| Title | Countermeasures in Investment Arbitration. Phenomenon of "Counter-countermeasures". |
| Summary | The use of countermeasures remains a legal tool in intranational law as a “self-help” for the States. The concept precludes the wrongfulness of otherwise unlawful measure taken by one State towards the other if it was enacted to address a previous violation of obligation by this State. However, the question remains how countermeasures interact with investment protection? The question becomes even more complex in the case of “counter -countermeasure s” which developed through the practice of counter-sanctions enacted by such States as Russian Federation and Iran to address the sanctions imposed on them. The main research question of this thesis is to investigate the phenomenon of “counter -countermeasure s” in the scope of investment protections granted by the investment treaties. This thesis argues that “counter -countermeasure s” constitute a second level of ‘classical’ countermeasures established by the International Law Commission’s Draft Articles on Responsibility of States for Internationally Wrongful Acts. The analysis of the case law reveals inconsistency of the tribunal’s reasoning on the matter of ‘first-level’ countermeasures and calls for the establishment of a clearer legal approach towards the matter to avoid contradicting reasonings of arbitral tribunals in the future. |
| Supervisor | Markus Petsche |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2024/stetsyshyn_khrystyna.pdf |
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