The core purpose of the proposed dissertation lies in the investigation of damages in international investment law. In this connection, it might be appropriate to note that the question of damages in investment activities is depends on the problem of disputes between the players in the field of investment, such as investors and states. A wide range of contemporary factors, such as the unstoppable economic globalization, intensification of foreign investment flows, and constant transitions in a country’s regulatory environment give reasonable grounds to suppose that the number of investor-state disputes will increase further.
If the number of legal conflicts in the domain of international investment activities augments, it will inevitably aggravate the problem of damages. The aforesaid circumstances make evident that the topic of current investigations is a question of vital importance and urgency. However, the ongoing research must have a specific core which will make it more focused and precise. This core may be represented as a thesis statement. When all things are considered, the dissertation’s thesis statement is formulated as follows: Damages in international investment law are more dependent on the pertinent case law and tribunals (courts) rather than conventional law.
Also, in order to enhance the level of coherence and logical consistency of the study, a set of research objectives needs to be elaborated. After a preliminary analysis has been exercised, it becomes possible to enumerate the following pertinent research objectives of the present dissertation:
- To examine the nature of damages in the framework of international investment law.
- To expound on the linkage between certain types of investment disputes and specific damages under international investment law and contractual provisions.
- To conduct a profound exploration of individual types of damages.
Definition of terms
In order to prevent semantic ambivalence and terminological inconsistencies, it is decided to define the most specific terms that are going to be used in the present dissertation.
CHAPTER II: LITERATURE REVIEW
A general survey of damages in international investment law
In this section, the most general issues concerning damages in field of international investment law are going to be discussed. It is important to comprehend what damages in order to properly direct the course of study.
Compensation and restitution
In the system of law, damages should be regarded as remedies. Therefore, such mechanisms as compensation and restitution comprise the system of remedies. In this section, it is suggested to review the available scientific literature and law respecting the nature and peculiarities of compensation and restitution, as well as the linkage between them.
Lawful and unlawful expropriation and compensation for the cause of action
This section is utterly dedicated to the question of compensation for expropriation. Thus, various types of expropriations are going to be examined in relation to damages.
Other breaches of international investment law and relevant damages
Other breaches of international investment law include treaty breaches not involving expropriation, losses due to temporary interference, full loss of investment’s value etc.
Breach of a contract and consistent damages
Breaches of contracts may become serious preconditions for damages in the forms of either compensation or restitution. This section is conceived to incorporate the discussions of international conventional law, case law, and statutory law with regard to damages for the breach of a contract.
Unjust enrichment and claims for damages
The question of unjust enrichment as a basis of compensation is worth exploring as well. In this section, the legal phenomenon of unjust enrichment will be investigated from various perspectives but in the framework of the current research objectives.
Implications of indirect investment
The peculiarities of indirect investment need to be construed because of the flow-though of damage. Feasibly, in the present section, the research will focus on losses to shareholders and claims on behalf of the subsidiary. Also, it is prudent to employ the method of case study here. For instance, Tokios Tokeles v Ukraine case manifests itself as a very interesting case for the in-depth review.
Contractual claims on damages, arbitration and litigation
The present section will be totally dedicated to various procedural means of settling investment disputes. The role of negotiations, tribunals and national courts will be emphasized.
The particularities of moral damages in the framework of international investment law
CHAPTER III: METHODOLOGY
Methodology is another important chapter of any dissertation. In the present study, the methodology will be discussed in relation to the literature review. In other words, this chapter will contain explanations and justifications of different research methods which are applied in during the review of previous publications..
In this sense, it is necessary to state that the research methodology is a key factor to success. Taking into consideration the fact that the present study is directed towards the in-depth analysis of damages in international investment law, it is decided to use theoretical, doctrinal, and comparative methodological approaches, coupled with the qualitative research method of case study.
Assuredly, all these methods will facilitate the collection, analysis, and interpretation of both primary and secondary data. Besides, the major part of the study will be shaped by means of the doctrinal research which emphasizes the question what the law on a particular issue is. It is very important to grasp legal doctrine and how it has been evolved and applied.
Apart from the above, the use of case study will be justified with the necessity to achieve a more profound understanding of damages in international investment law through the analysis of particular cases of real legal disputes, such as Tokios Tokeles v Ukraine, as well as to make some generalizations.
To continue, it should be stipulated that the research may not be comprehensive without an examination of secondary data. Thus, the literature review, as the core instrument of secondary data collection, will incorporate reflections on the already achieved results in the domain of international investment law.
To sum up, in this dissertation, the research methodology is going to combine the qualitative research method of case study, legal doctrinal approach, and theoretical research methods, such as analysis, comparison, synthesis, categorization, review, and critique (secondary data collection methods).
CHAPTER IV: RESULTS
Generalizations of the research findings are structuralized in this chapter. Results of the conducted research will be briefly enumerated and summarized without evaluation of their validity and reliability.
CHAPTER V: DISCUSSION
The discussion of validity and reliability of the achieved findings will be made in this chapter.
CHAPTER VI: CONCLUSIONS
All relevant suggestions and conclusions are going to be illustrated in this section.