• A
  • A
  • A
  • ABC
  • ABC
  • ABC
  • А
  • А
  • А
  • А
  • А
Regular version of the site

Public Purpose in International Investment Law

Student: Grebenkova Valeriya

Supervisor: Konstantin Ksenofontov

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2016

The present final paper is dedicated to one of the most important issues in world investment law, particularly, to finding a proper balance between disputing parties in investment arbitration. This research is aimed at analyzing the concept of public purpose in international investment law. The global aim of the research paper is to demonstrate the necessity in balancing the interests of host states, taking regulatory measures in public interest and foreign investors. In order to accomplish the above-mentioned goal the author sets several problems: - to elaborate the criteria of distinction between the non-compensable regulatory takings of states and indirect expropriation; - to analyze the practice of international investment tribunals hearing the cases where host states use public purpose objections; - to find the necessity in taking public purpose considerations into account at every stage of arbitral proceedings including the compensation phase. The graduate paper consists of introduction, three chapters, conclusion and references list. The first chapter is dedicated to the theoretical analysis of public purpose concept and its influence on determination of host states’ actions. The second chapter elaborates on the potential mechanisms of using the public purpose considerations at the quantum (compensation) stage of the arbitral proceedings. Finally, in the third chapter there is a detailed analysis of critics of the investor-state dispute settlement mechanism which tends to ignore public interest considerations. What is more, the author puts particular attention to the reform of the above-mentioned forum of dispute settlement. As a result, the author comes to the conclusion that the problem of balancing of interests in international investment arbitration may be solved by virtue of using proportionality criterion and accurate application of public interest considerations at all stages of arbitral proceedings.

Student Theses at HSE must be completed in accordance with the University Rules and regulations specified by each educational programme.

Summaries of all theses must be published and made freely available on the HSE website.

The full text of a thesis can be published in open access on the HSE website only if the authoring student (copyright holder) agrees, or, if the thesis was written by a team of students, if all the co-authors (copyright holders) agree. After a thesis is published on the HSE website, it obtains the status of an online publication.

Student theses are objects of copyright and their use is subject to limitations in accordance with the Russian Federation’s law on intellectual property.

In the event that a thesis is quoted or otherwise used, reference to the author’s name and the source of quotation is required.

Search all student theses