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A Look At The Compulsory License In Investment Arbitration: The Case Of Indirect Expropriation, Christopher Gibson
A Look At The Compulsory License In Investment Arbitration: The Case Of Indirect Expropriation, Christopher Gibson
American University International Law Review
This article covers a timely set of issues concerning the relationship between intellectual property rights (“IPRs”) associated with foreign investments, state-authorized compulsory licenses, trade law (in particular, the TRIPS Agreement), and claims for indirect expropriation that might be brought in investment arbitration. I focus, as a case study, on compulsory licenses and claims of indirect expropriation. Compulsory licenses bear an inherently contentious character. This government authorized license often presents a clash between significant opposing interests – on one side, the legitimate expectations of patent based foreign investors founded on the international investment agreement (“IIA”) and a patent regime that, for …
Whose Dictionary Controls?: Recent Challenges To The Term "Investment" In Icsid Arbirtration, Joseph M. Boddicker
Whose Dictionary Controls?: Recent Challenges To The Term "Investment" In Icsid Arbirtration, Joseph M. Boddicker
American University International Law Review
No abstract provided.