نویسندگان
دانشکده حقوق و علوم سیاسی، دانشگاه تهران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
In state-investor dispute, investor tends that umbrella clause transfers all contractual claims to treaty claims. By contracts, state follows narrow interpretation of this clause. Up to ILC articles, establishing of responsibility of state for breach of contract requires tow preconditions. First state is merely responsible when state condoct has been of governmental nature and second is that breach of contract leads to violation of treaty.
In state-investor dispute, investor tends that umbrella clause transfers all contractual claims to treaty claims. By contracts, state follows narrow interpretation of this clause. Up to ILC articles, establishing of responsibility of state for breach of contract requires tow preconditions. First state is merely responsible when state condoct has been of governmental nature and second is that breach of contract leads to violation of treaty.
کلیدواژهها [English]
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