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Copyright (c) 2016 European Legal Studies Center, Columbia University
Columbia Journal of European Law

ARTICLE: ARMED CONFLICT AND STATE SUCCESSION IN INVESTOR-STATE ARBITRATION

Summer, 2016

Columbia Journal of European Law

22 Colum. J. Eur. L. 421

Author

Odysseas G. Repousis * and James Fry +

Excerpt

INTRODUCTION

The law of armed conflict and annexation has to date not attracted much attention when it comes to international investment law and investor-state arbitration. However, a series of recent events, crowned by the Crimean crisis of 2014 and the ensuing war of sanctions, 1 has redefined the importance of the law of armed conflict and the law of state succession in investor-state arbitration. 2 Indeed, a series of claims have recently been filed under investment treaties concluded by the Federal Republic of Yugoslavia (FRY) and the Union of Soviet Socialist Republics (USSR), against such countries as Montenegro, Kosovo, and Kazakhstan. 3 In addition, the Singapore High Court (SGHC) is currently considering an appeal in Laos v. Sanum, a case arising under the China-Laos bilateral investment treaty (BIT). 4 In the initial proceedings to this case, the SGHC was asked by Laos to set aside an earlier arbitral award, filed by a Macanese legal entity and rendered under the China-Laos BIT. 5 In approaching the matter, the SGHC decided to set aside the award finding that the China-Laos BIT did not extend to Macao. 6 This decision has provoked mixed feelings, as it is crucial for the territorial application of Chinese investment treaties to Hong Kong and Macao. 7 The final chapter to these recent cases are the disputes over Crimea that unlike the previous cases also provide the medium for an examination of the law of armed conflict in the context of international investment law. As ...
 
 
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