The exhaustion of local remedies is traditionally regarded as a condition before a State will exercise diplomatic protection in respect of one of its nationals. What local remedies are available to Australian foreign investors who consider that they have not been treated in accordance with the standards required by international law?
The exhaustion of local remedies is traditionally regarded as a condition before a State will exercise diplomatic protection in respect of one of its nationals. What local remedies are available to Australian foreign investors who consider that they have not been treated in accordance with the standards required by international law?
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The exhaustion of local remedies is traditionally regarded as a condition before a State will exercise diplomatic protection in respect of one of its nationals. What local remedies are available to Australian foreign investors who consider that they have not been treated in accordance with the standards required by international law?
Copyright:
Attribution Non-Commercial (BY-NC)
Available Formats
Download as DOC, PDF, TXT or read online from Scribd
Cambodian-Australian FDI; Local Remedies in Disputes, A Review
Procedures and Efficacy
“The exhaustion of local remedies is traditionally regarded as a condition
which has to be satisfied before a State will exercise diplomatic protection in respect of one of its nationals. Focussing specifically on Cambodia, what local remedies are available to Australian foreign investors (assuming the AANZFTA is ratified by Cambodia) who consider that they have not been treated in accordance with the standards required by international law? What role does the exhaustion of local remedies rule play in the era of bilateral investment treaties, and how effective are the dispute settlement procedures that are contained in the bilateral investment treaties and Free Trade Agreements that have been negotiated by Cambodia, and enacted into Cambodian legislated procedure and demonstrated practice?” Applicable Law - Treaties o WTO o AANZFTA o MFN BIT o Case Review of Disputes under AANZFTA - Customary International Law - Law of Cambodia o Law on Investments (Amended) o Law of Incorporation o Case Review of Disputes in Cambodia
Introduction
Cambodian Legal Treatment of Ratified Treaties
Australian-Cambodian Investment Treaties in Force
Available Dispute Resolution Mechanisms
Establishing a Foreign Investment
Dispute Resolution With-in the Cambodian National Legal System
Dispute Resolution within the International Framework
Initiating a Dispute
Discussion of Available Dispute Mechanisms
Exhaustion of Local Remedies and relevance in the Australian-Cambodian FDI
context
Reflection on the Effects of BIT/FTA on Local remedies rule
Discussion on the Efficacy of Dispute settlement within the Australian-Cambodian