MEMO CLAIMANT - ALVAREZ - FDI Moot

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. Art. 9(2) BIT shall import the customary defense of necessity under Art. 25 DARSIWA…………………………………………………… 3. In any event, compensation for Claimant‟s damages is required………… F. RESPONDENT’S COUNTERCLAIM FOR DECLARATORY RELIEF…………….. I. RESPONDENT‟S COUNTERCLAIM IS IN BREACH OF THE APPLICABLE TREATIES…… II. <strong>CLAIMANT</strong> HAS COMPLIED WITH ALL APPLICABLE SAFETY OBLIGATIONS AND IS NOT LIABLE FOR DAMAGES TO COVER CLEANUP COSTS……………………….. CONCLUSION………………………………………………………………………………… v
LIST OF AUTHORITIES BOOKS <strong>ALVAREZ</strong>, KHAMSI, The Argentine Crisis and Foreign Investors: A Glimpse into the Heart of the Investment Regime [in:] Yearbook on International Investment Law and Policy, 2008–2009 [Karl P. Sauvant ed., New York: Oxford University Press 2009] CRAWFORD, The International Law Commission's Articles on State Responsibility: Introduction, Text and Commentaries [Cambridge University Press 2002] DOLZER, SCHREUER, Principles of International Investment Law [Oxford University Press 2008] FREEMAN, The International Responsibility of States for Denial of Justice [Kraus Reprint Co. 1938] DUGAN, WALLACE, RUBINS, SABAHI, Investor-State Arbitration [OUP 2008] LOEWENFELD, International Economic Law [Oxford University Press 2008] MALANCZUK, Akehurst‟s Modern Introduction to International Law [7 th Ed., 1997] MASHARU, Dominium and Imperium [in:] A Normative approach to war: peace, war, and justice in Hugo Grotius, ŌNUMA (eds.) [Oxford University Press 1993] MCLACHAN, SHORE, WEINIGER, International Investment Arbitration, [Oxford University, Press 2007] MISTELIS, Confidentiality and Third Party Participation UPS v. Canada and Methanex Corporation v.United States, [in:] Weiler International investment law and arbitration: leading cases from the ICSID, NAFTA, bilateral treaties and customary international law [Cameron May, 2005] NEWCOMBE, PARADELL, Law and Practice of Investment Treaties: Standards of Treatment [Wolters Kluwer, Law and Business, 2009] RIPINSKY,WILLIAMS, Damages in international investment law, [British Institute of International and Comparative Law, 2008] SASSON, Substantive Law in Investment Treaty Arbitration: The Unsettled Relationship Between International and Municipal Law [Kluwer Law International, 2010] SMUTNY, When is a State Responsible for the Acts of the State Enterprises? [in:] Weiler; International investment law and arbitration: leading cases from the ICSID, NAFTA, bilateral treaties and customary international law [Cameron May, 2005] SORNARAJAH, The International Law on Foreign Investment [2 nd Ed. Cambridge University Press 2004] vi
Page 1 and 2: ALVAREZ INTERNATIONAL CHAMBER OF CO
Page 3 and 4: 2. The purpose of the “umbrella c
Page 5: a. Expropriating Claimant was not f
Page 9 and 10: NAFTA Free Trade Commission, Notes
Page 11 and 12: EnCana Corporation v. Republic of E
Page 13 and 14: Sempra Energy International v. Arge
Page 15 and 16: STATEMENT OF FACTS 1. Claimant is a
Page 17 and 18: 15. The facts of the case do not gi
Page 19 and 20: 24. In the light of the above, stat
Page 21 and 22: 32. BIT, Art. 11(3)(b) stipulates t
Page 23 and 24: creating the treaty norms of intern
Page 25 and 26: and treaty rights protected. The cl
Page 27 and 28: itself does not contain the definit
Page 29 and 30: MERITS B. NPCS’ ACTIONS ARE ATTRI
Page 31 and 32: activities. Only leaking wells were
Page 33 and 34: 82. Alternatively, these acts shall
Page 35 and 36: of CSE‟s actions) and thus contri
Page 37 and 38: stand against the very idea of the
Page 39 and 40: „to provide to international inve
Page 41 and 42: 116. This contractual content was m
Page 43 and 44: II. RESPONDENT DID NOT ACCORD CLAIM
Page 45 and 46: 135. In the circumstances of the pr
Page 47 and 48: 144. Additionally, since expropriat
Page 49 and 50: 153. Whereas Claimant concedes that
Page 51 and 52: 163. Respondent might submit that C
Page 53 and 54: actions beyond the bare minimum nec
Page 55 and 56: Art. 33 that the infringed rights
Page 57 and 58:
188. In addition to the outlined me
Page 59 and 60:
197. Respondent was not entitled to
Page 61 and 62:
public body. 215 This body had carr
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