Volume 11 (2014) / Issue 44
Salem H. Nasser, Rabih A. Nasser, Nathalie S. Tiba Sato, 'Yukos: Proteção dos Investimentos Estrangeiros, Proteção dos Direitos Humanos e Fragmentação do Direito Internacional' (2014) 11 Revista Brasileira de Arbitragem, Issue 44, pp. 48–68
ABSTRACT: The paper analyzes the decisions of the Arbitral Tribunal under the auspices of the Permanent Court of Arbitration and the European Court of Human Rights in the case of the oil company Yukos and its shareholders against the Russian Federation, with the phenomenon of fragmentation of international law as a background. First, it presents a summary of the major events that resulted in the plurality of dispute settlement procedures. Second, it analyzes the preliminary issues and the merits related specifically to the protection of international investments. Third, it turns to the discussion in the European Court, focusing on the issue of the protection of human rights of legal entities. Finally, it identifies the implications of the fragmentation of international law to the Yukos case.
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