Aniruddha Rajput
- Published in print:
- 2020
- Published Online:
- February 2021
- ISBN:
- 9780198869900
- eISBN:
- 9780191912771
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198869900.003.0016
- Subject:
- Law, Company and Commercial Law, Public International Law
This chapter analyses the prominent role of due diligence in international investment law. It points out that due diligence was relevant in this field as an element of customary law norms requiring ...
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This chapter analyses the prominent role of due diligence in international investment law. It points out that due diligence was relevant in this field as an element of customary law norms requiring compliance with an international minimum standard for the treatment of aliens and prohibiting denial of justice, before modern day investment treaties were concluded. The chapter’s analysis reveals that due diligence underlies host states’ obligation to provide full protection and security and fair and equitable treatment. It underlines that also investors carry a responsibility of due diligence throughout the whole period of their investment and that an investor’s negligence can lead to loss of protection under investment treaties. The chapter argues that due diligence has emerged as a balancing paradigm between protection of foreign investors and regulatory freedom of host states.Less
This chapter analyses the prominent role of due diligence in international investment law. It points out that due diligence was relevant in this field as an element of customary law norms requiring compliance with an international minimum standard for the treatment of aliens and prohibiting denial of justice, before modern day investment treaties were concluded. The chapter’s analysis reveals that due diligence underlies host states’ obligation to provide full protection and security and fair and equitable treatment. It underlines that also investors carry a responsibility of due diligence throughout the whole period of their investment and that an investor’s negligence can lead to loss of protection under investment treaties. The chapter argues that due diligence has emerged as a balancing paradigm between protection of foreign investors and regulatory freedom of host states.
Christoph Schreuer
- Published in print:
- 2015
- Published Online:
- January 2016
- ISBN:
- 9780198739807
- eISBN:
- 9780191802775
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198739807.003.0016
- Subject:
- Law, Public International Law, Company and Commercial Law
This chapter deals with inter-temporal questions concerning jurisdiction in international dispute settlement. Drawing on the practice of the International Court of Justice, the Permanent Court of ...
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This chapter deals with inter-temporal questions concerning jurisdiction in international dispute settlement. Drawing on the practice of the International Court of Justice, the Permanent Court of International Justice, and investment treaty tribunals, it posits that the basic rule is for jurisdiction to exist when the proceedings are initiated. This creates legal certainty as subsequent developments, including acts by the respondent, cannot defeat jurisdiction. This does not mean, however, that subsequent developments are irrelevant. On the contrary, if certain jurisdictional requirements are only met at a later point, this will usually provide the court or tribunal with jurisdiction. In appropriate cases, proceedings should therefore be suspended so that jurisdictional requirements can be met.Less
This chapter deals with inter-temporal questions concerning jurisdiction in international dispute settlement. Drawing on the practice of the International Court of Justice, the Permanent Court of International Justice, and investment treaty tribunals, it posits that the basic rule is for jurisdiction to exist when the proceedings are initiated. This creates legal certainty as subsequent developments, including acts by the respondent, cannot defeat jurisdiction. This does not mean, however, that subsequent developments are irrelevant. On the contrary, if certain jurisdictional requirements are only met at a later point, this will usually provide the court or tribunal with jurisdiction. In appropriate cases, proceedings should therefore be suspended so that jurisdictional requirements can be met.
