Introduction to International Investment Protection LawPDF
Robinson Bradshaw's Charlotte and Research Triangle Offices
David Shuford and James Waters presented at an Introduction to International Investment Protection Law at the International Law & Practice Section lunch and learn. This event was held at Robinson Bradshaw's Charlotte and Research Triangle offices and was sponsored by the Charlotte International Arbitration Society.
Historically, individuals and companies lacked legal personality under international law. This meant that a wrong done to a national of one state in the territory and by the government of another state was considered to be a wrong against the national’s state not the national itself. The national had no substantive rights nor did it have rights to bring a claim in its own name under international law. Now, thanks to the development of a substantial body of treaties--bilateral and multilateral investment treaties--individuals and companies have both legal personality and the right to bring claims in the event of adverse actions by host governments against their investments.
The United States and many other countries are party to numerous investment treaties, which provide both substantive legal protections and procedural mechanisms for making claims against a host government. The result of many such procedures is a directly enforceable arbitral award. Just as companies consider the most tax efficient structure for international investments, so too they should consider how these treaties can protect their investments. International investors also have the ability to obtain insurance, from both private- and public-sector providers, which can protect them from some of the same political risks.
This presentation is intended to provide an introduction to these aspects of international investment protection law.
For more information, please visit the NCBA website.
1.5 MCLE and CPE credit hours have been approved for this program.