International Investment Law and the Global Financial Architecture
Show Less

International Investment Law and the Global Financial Architecture

Edited by Christian J. Tams, Stephan W. Schill and Rainer Hofmann

This book explores whether investment law should protect against such regulatory measures, including where these have the support of multilateral institutions. It considers where the line should be drawn between legitimate regulation and undue interference with investor rights and, equally importantly, who draws it.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 8: Bail-ins and international investment law: In and beyond Cyprus

Maurice Mendelson QC and Martins Paparinskis

Abstract

This chapter considers the legal issues which may arise from bail-ins of depositors of banks from the perspective of international investment treaty law. It addresses the question whether investment protection rules, particularly the right to compensation for expropriation, might be relied on by foreign investors affected by bail-ins, dealing in turn with certain preliminary issues of applicability of investment treaties, then focusing on legal and factual aspects of expropriation and bail-ins, and finally giving a brief overview of the possible relevance of other investment protection obligations. It is not the purpose of this chapter to provide definitive answers, but rather, to identify some of the multifarious thorny legal questions that could arise. Keywords: bail-in, international investment law, international financial law, expropriation, compensation, fair and equitable treatment

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.


Further information

or login to access all content.