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LAWS 6866 Research Assignment

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


FDI Context

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