General Exceptions

ITN  |  October 18, 2018

Bear Creek v. Peru

Bear Creek Mining Corporation v. Republic of Peru, ICSID Case No. ARB/14/2 (Published in 2018 in International Investment Law and Sustainable Development: Key cases from the 2010s and on this website on October 15, 2018. Read more here.) Decisions and award are available at https://www.italaw.com/cases/2848 Keywords Silver mining, general exception clause, social licence to operate, human rights […]

The Merits and Limitations of General Exception Clauses in Contemporary Investment Treaty Practice

The international investment agreement (IIA) regime is experiencing an unprecedented surge in public attention. Prime examples are the debates surrounding the conclusion of the Canada–European Union Comprehensive Trade and Investment Agreement (CETA) and the ongoing negotiations of the Transatlantic Trade and Investment Partnership Agreement between the United States and the European Union (TTIP). In Germany, […]