英語 での Host state の使用例とその 日本語 への翻訳
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In reverse fashion, the host State may bring claims against a foreign investor.
Differently from a BIT, the investment code is a unilateralact that can be easily modified by the host State alone.
We emphasize that host States must prevent such acts and prosecute the perpetrators.
This very useful service provides electronic tracking of newsconcerning international arbitrations between foreign investors and host States.
For example, a host State may revoke a concession granted to an investor if the latter does not comply with laws of the former.
If no State is designated, the sentence of imprisonment shall be served in a prisonfacility made available by the seat of the Court("host State").
Both home and host States should establish institutional and legal frameworks that enable businesses to respect children's rights across their global operations.
We support the IAEA's work to establish a bank of Low- Enriched Uranium(LEU)in Kazakhstan and urge the conclusion of a Host State Agreement at an early date.
ISDS serves a useful function of encouraging investors and host states to negotiate in good faith in order to avoid escalation of disagreements that occasionally arise.
In addition, by having provisions on international arbitration, they aim to prescribe ways to successfullysettle disputes that might occur among investors and the host state.
The arbitral tribunal ruled that the host State had violated Articles 2(2) and 2(3) of the BIT through unfair and inequitable treatment, as well as arbitrary and unreasonable acts.
This knowledge will help transnational businesses to understand better the diverse local ecosystem,forge alliances with host state and community, develop legitimacy capital and create higher value for all stakeholders.
A host State rate approach,which uses the statutory rate in the host State as a‘helpful benchmark', since it is the legal minimum recognized by the State itself.
While there is no statute of limitations under international law and, therefore,a treaty claim cannot be time barred per se, a host State may rely upon the equitable notion of extinctive prescription in an attempt to defeat the claims.
The arbitral tribunal recalled that the host State may bring a counterclaim in investment arbitration against the foreign investor as long as the three conditions of Article 46 of the ICSID Convention are met.
Regarding obligations of investors, new Article 7(1) explicitly states that“Investors and their investments shall comply with domestic laws andregulations of the host state, including laws and regulations on human rights, environmental protection and labor laws.”.
The arbitral tribunal recalled that the host State may bring a counterclaim in investment arbitration against the foreign investor as long as the three conditions of Article 46 of the ICSID Convention are met."Article 46.
The Tribunal also waived the alleged requirement, found in Article 8 of the BIT, that arbitration could only occur when disputes had beensubmitted for 18 months to the local courts of the host state, which was challenged before the Court of Appeals for the District of Columbia Circuit and then the US Supreme Court.
As host State of the headquarters of some of the largest multinational corporations and sports federations in the world Switzerland recognizes its particular duty to encourage the private sector to respect and protect human rights and to remedy for their abuses.
On the one hand,analysts or adjudicators should consider the interest of the host state in monitoring and controlling public reserves, and, in doing so, managing internal financial market policies through good faith and non-discriminatory regulation.
The tribunal granted Moldova a period of 90 days to effect restitution, failing which it would be required to pay compensation to the investor.This pragmatic solution found by the tribunal in Arif v. Moldova provided the host State with the opportunity to formulate and propose to the investor the exact mechanism of restitution.
Moreover, the Convention permits the institution of proceedings by host States as well as by investors and the Executive Directors have constantly had in mind that the provisions of the Convention should be equally adapted to the requirements of both cases. The provisions of the attached Convention are for the most part self-explanatory.
Sustaining the International Monitoring System Network The first part of the contribution aims to support the CTBTO's network of monitoring stations the International Monitoring System(IMS). This includes assistance to countries hosting auxiliary seismic stations that need support unlike for all other types of CTBTO monitoring stations, the upkeep andmaintenance of this type of station is the financial responsibility of the host State.
Where transnational corporations are involved,their“home” States therefore have roles to play in assisting both those corporations and host States to ensure that businesses are not involved with human rights abuse, while neighboring States can provide important additional support.
Scope of application and the sanctioned behaviors of host States of investment can be diverse. Doctrinal Definition of the Standard of Full Protection and SecurityAccording to doctrine, the standard of full protection and security covers protection against physical andlegal infringements of the host State directed at foreign investors.
As figures show, States' unilateral offers expressed in BIT's represented around 60% of all cases andarbitration clauses included in contracts between investors and host States gave rise to 16% of the claims. States' consent arising from the provisions of the Energy Charter Treaty and from national legislation represented 9.3% and 9.2%, respectively.
A number of BIT's grant host States a margin of discretion with respect to the conditions under which a foreign investment can be made. This question is closely linked to the issue of whether the National Treatment standard applies only to the post-establishment phase of a foreign investment or also to the pre-establishment phase.
But the text said in the future, Britain's financial firms wouldonly be allowed to operate in the EU“under host state rules” and be treated according to“the fact that the UK will become a third country and the Union and the UK will no longer share a common regulatory, supervisory, enforcement and judiciary framework.”.
It is very important for aforeign investor to review the instrument containing the host State's consent to arbitration in detail prior to initiating proceedings, since it may be barred from later initiating arbitration if courts of the host State are first approached to resolve the dispute. Institutional Investment Arbitration vs. Ad Hoc Investment ArbitrationThe best known arbitration institution administrating investment arbitrations is the International Centre for Settlement of Investment Disputes ICSID.