Russia´s participation in the armed conflicts and occupation of the socalled DNR and LNR territories in Eastern Ukraine despite theprovisions of existing treaties and the implications thereof continues to attract diverse reactions from the international investmentcommunity. Generally, a treaty is binding upon contracting parties and applicableto the entire territory, unless a different intention appears from thetreaty or otherwise established. This principally connotes thatinvestment treaties create territorial dimensions, hence makingsovereignty over boundaries a crucial aspect in determining whetheran investment was made in the “host State”. This research amongst other issues, examines the impact of Russianeffective control over the occupied territories of the alleged DNR andLNR; and makes a holistic analysis of the grounds for theextraterritoriality of Russian Home-State BITs to the affected orexpropriated investments in the occupied territories. This thesis holds Russia to have enjoyed the status of an occupyingpower and concludes that the extraterritoriality of Russian home-basedBITs to investments in the alleged DNR and LNR entities wastriggered by Russia’s exercise of effective control over the twoterritories and invariably provides an avenue for foreign andUkrainian investors to resolve investment disputes against RussianFederation in a bid to seek redress for expropriated investments.
| Identifer | oai:union.ndltd.org:UPSALLA1/oai:DiVA.org:uu-503922 |
| Date | January 2023 |
| Creators | Patrick, Bazanye |
| Publisher | Uppsala universitet, Juridiska institutionen |
| Source Sets | DiVA Archive at Upsalla University |
| Language | English |
| Detected Language | English |
| Type | Student thesis, info:eu-repo/semantics/bachelorThesis, text |
| Format | application/pdf |
| Rights | info:eu-repo/semantics/openAccess |
Page generated in 0.0022 seconds