State Responsibility for Breaches of Investment Contracts
In recent years, there has been an increasing number of disputes arising from breaches of investment contracts. These disputes raise the question of whether states have a responsibility to ensure that investors are protected from such breaches. In this article, we will explore the state`s responsibility for breaches of investment contracts and the legal framework that governs such breaches.
Investment contracts are agreements between investors and states that govern investments made by the investors in the state`s territory. These contracts usually include provisions that protect investors from any breaches committed by the state. However, there are instances where states fail to comply with these provisions, leading to disputes with investors.
The state`s responsibility for breaches of investment contracts is governed by international law. The international legal framework that governs investment disputes is primarily made up of Bilateral Investment Treaties (BITs) and the International Centre for Settlement of Investment Disputes (ICSID).
BITs are agreements between two countries that provide protections for investors from one country who are investing in the other country. These agreements usually provide for dispute resolution mechanisms such as arbitration, where investors can bring claims against the host state for breaches of investment contracts.
ICSID is a World Bank agency that provides institutions and rules for the arbitration of investment disputes. It provides a forum for investors to bring claims against host states, and for host states to defend against such claims. ICSID was established by the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention) in 1965.
Under the ICSID Convention, states have a responsibility to ensure that investors are protected from breaches of investment contracts. The Convention provides for a system of arbitration where disputes between investors and host states can be resolved. The state`s responsibility is to participate in the arbitration process in good faith and to comply with the arbitration award.
The state`s responsibility for breaches of investment contracts is also governed by customary international law. Customary international law is made up of the general practices and beliefs of states, which are legally binding on all states. Customary international law provides that states have a responsibility to protect the legitimate expectations of investors who have made investments in the state`s territory.
In conclusion, the state has a responsibility to ensure that investors are protected from breaches of investment contracts. This responsibility is governed by international law, including BITs, ICSID, and customary international law. Investors have recourse to arbitration to resolve disputes with host states, and the state`s responsibility is to participate in the arbitration process in good faith and comply with the arbitration award.