No Investment Protection for Occupied and Uncontrolled Territories: New Treaty Practice?
In this Trade and Investment Forum (TIF) lunch, Yuliya Chernykh will present her working paper analyzing how the Ukrainian government is updating investment treaties to reflect the reality of occupied and uncontrolled territories.
On 4th October 2017, the Ukrainian Parliament adopted the Law ratifying the Additional Protocol of the Croatia-Ukraine BIT. The ratification Law pertaining to the Additional Protocol excludes protection offered by the BIT for occupied Ukrainian territories (Crimea and the City of Sevastopol) and limits protection for uncontrolled territories (certain territories in Donetsk and Luhansk regions). The introduced provision raises important questions about its effect, both territorial and temporal, and its ultimate usefulness.
The lunch seminar will address possible implication of reservations on exclusion or limitation of investment protection for occupied and uncontrolled territories. The development will be also observed from a perspective of parallel derogations from human rights instruments in respect to occupied and uncontrolled territories.