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To BIT or not to BIT?: The effects of changes in effective control and temporal scope on investment tribunal jurisdiction under Ukraine - Russia BIT
Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law. Uppsala University, Master Programme in Investment Treaty Arbitration.
2019 (English)Independent thesis Advanced level (degree of Master (One Year)), 10 credits / 15 HE creditsStudent thesis
Abstract [en]

The thesis answers the question "How does the change in effective control affect investment protection mechanisms in the Ukraine - Russia BIT against the temporal scope of when investment was made?". The essence of the Tribunal's jurisdiction, territorial and temporal scope of the Ukraine - Russia BIT were analyzed according to the rules of Vienna Convention on the Law of Treaties. Relevant case law, doctrine and available information on the awards in "Crimean cases" were also parts of the analysis.

A conclusion was made that changes in effective control activate BIT protection for Ukrainian investors in Crimea against actions of Russian Federation. As a result, investment arbitral tribunals have jurisdiction in cases where investment has not been initially made in the territory of the host state. The date of Russian Federation consent to arbitrate with Ukrainian investors in Crimea is the date of actual change in effective control.

Place, publisher, year, edition, pages
2019.
Keywords [en]
international arbitration, investment treaty arbitration, tribunal`s jurisdiction, arbitration agreement, public international law, territory, effective control in the territory, Ukraine - Russia BIT, treaty interpretation, consent to arbitration
National Category
Law (excluding Law and Society)
Identifiers
URN: urn:nbn:se:uu:diva-384573OAI: oai:DiVA.org:uu-384573DiVA, id: diva2:1320981
Educational program
Master Programme in Investment Treaty Arbitration
Supervisors
Examiners
Available from: 2019-12-01 Created: 2019-06-06 Last updated: 2019-07-08Bibliographically approved

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CiteExportLink to record
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Citation style
  • apa
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Language
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