Mid Term Examination, March 2017
B.A.LL.B. (HONS.)
Semester VIII X T&I-International Investment Law (Hons.-II)
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: Answer any TWO questions out of three. All questions carry equal marks.
1. As per the Article of the ICSID Convention, 'National of another Contracting State' means:
"any juridical person which had the nationality of a Contracting State other than the State party to the dispute on the date on which the parties consented to submit such dispute to conciliation or arbitration and any juridical person which had the nationality of the Contracting State party to the dispute on that date and which, because of foreign control, the parties have agreed should be treated as a national of another Contracting State for the purposes of this Convention."
Discuss in detail the relevance of the said provision of the ICSID Convention and its application in Vacuum Salt v. Ghana (1994). (Marks 10)
2. What do you mean by Admission and Establishment under International Investment Law? Discuss the Post-Entry model in the light of Article of Philippines-Romania Treaty (1994) and Article 2 of Egypt-Ukraine Treaty (1992). (Marks 10)
3. Answer the following:-
a. What do you mean by Investor under International Investment Law? Briefly discuss the status of Shareholder with the help of relevant case law. (Marks 05)
b. Hull stated that, government is entitled to expropriate private property, for whatever purpose, without provision for prompt, adequate and effective payment therefore'. Briefly Discuss. (Marks 05)