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Modern BITs habitually begin with a preamble, whereupon basic concepts such as what constitutes an investment and an investor for the purpose of the treaty are somewhat defined. The effectiveness and manner in which BITs pursue their objectives are remarkably uniformed, thanks to their vigorous...
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and underestimated challenge to state sovereignty, allowing arbitrators with a ‘proto-constitutional' power of judicial … unchanging world', as the US Supreme Court did more than a century ago, albeit this time on a global scale …
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This paper explores whether in an investor-state arbitration the state sovereignty poses a challenge to the arbitral … examining these issues the notion of sovereignty has been looked at through various lenses or perspectives, viz. classical …
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-state arbitrations against Russia, potentially allowing the tribunals to determine who has sovereignty over Crimea. The problem, however …
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