International Investment Law and the Global Financial Architecture
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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.
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Chapter 10: BITs and pieces: Reflections on the relevance of BITs in resolution-related litigation

Phoebus Athanassiou

Abstract

This chapter addresses questions of bail-ins and international investment law. More specifically, it pursues two aims. It seeks, on the one hand, to determine the conditions subject to which depositors adversely affected by national bail-in measures can rely on international investment law as a source of legal constraints to the exercise of statutory resolution powers. On the other hand, it assesses the relevance and relative weight of the causal link between losses suffered by depositors and the actions of the competent national authority in the run-up to the taking of national bank rescue measures. Keywords: bail-in, bilateral investment treaty, international investment law, no creditor worse off principle, causation

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