THE ROLE OF UMBRELLA CLAUSE IN ESTABLISHMENT OF RESPONSIBILITY OF STATES IN THE VIEW OF ILC | ||
| مطالعات حقوق خصوصی | ||
| Article 14, Volume 42, Issue 2, July 2012, Pages 233-249 PDF (290.71 K) | ||
| DOI: 10.22059/jlq.2012.29899 | ||
| Authors | ||
| A.A. Kadkhodaee; F. Amiri | ||
| Abstract | ||
| 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. | ||
| Keywords | ||
| Equitable treatment.; Expropriation; ICSID; ILC; International Responsibility; Umbrella clause | ||
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