Article Per Year (5 Year)
p-Index From 2021 - 2026
0.444
P-Index
This Author published in this journals
All Journal FIAT JUSTISIA: Jurnal Ilmu Hukum Hasanuddin Law Review Jurnal Pemberdayaan Masyarakat Indonesia (JPMI) International Journal of Health and Pharmaceutical (IJHP) Jurnal Hukum dan Pembangunan
Kartika Paramita
Universitas Prasetiya Mulya
Humanities Decision Sciences, Operations Research & Management Education Law, Crime, Criminology & Criminal Justice Nursing Public Health Social Sciences

Published : 5 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search
Journal : Hasanuddin Law Review

 1 
Much in Little: The Umbrella Clause that Changes the International Investment Protection Standard Paramita, Kartika
Hasanuddin Law Review VOLUME 6 ISSUE 1, APRIL 2020
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (690.057 KB) | DOI: 10.20956/halrev.v6i1.1570

Abstract

The umbrella clause of a Bilateral Investment Treaty (BIT) establishes an obligation for the State parties to respect all commitments entered into by an investment contract between an investor and the host country. It extends the jurisdiction of a BIT forum to the breach-of-contracts matters and changes the nature of a private issue to an international affair. The polemic over the clause's interpretation has become a controversial issue over the years. It comes as a backlash for the Contracting States as a foreign investor could quickly bring an investment problem to an international forum. After more than a decade since its first discussion in the case of SGS v Pakistan, the clause grows to be one of the reasons for many countries to leave or reform their BIT model and changes the trend of international investment protection standard. This article addresses the different episodes of the umbrella clause alongside over the past decade. It projects the debate over the clause’s scope, its development, the governments' action, and their perception over it, and finally, how it changes the standard of investment protection in international treaties.
Co-Authors Andika, Rivo Anindhita, Shabira Dwiputra, Mahardika Fathiyah, Riza Gerardo, Erick Handayani, Irda Putra, Aditya Santosa Ridha Aditya Nugraha Saputera, Miranda Indira Soetijoso, Winnie Wiwa