References of "Garcia Olmedo, Javier 50021993"
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See detailThe Fragmentation of International Investment and Tax Dispute Settlement: A Good Idea?
Garcia Olmedo, Javier UL

in Leiden Journal of International Law (in press)

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See detailEconomic Sanctions and International Investment Law: Investor and State Defences
Garcia Olmedo, Javier UL

Scientific Conference (2022, July 04)

This workshop examines the law and practice of economic sanctions in light of current developments in the Ukraine-Russia conflict. It explores the legality and implementation of, and possible challenges ... [more ▼]

This workshop examines the law and practice of economic sanctions in light of current developments in the Ukraine-Russia conflict. It explores the legality and implementation of, and possible challenges to, economic sanctions imposed by a number of international actors (including the US, the EU and the UK), as well as their potential impact on businesses and dispute resolution. [less ▲]

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See detailLe début de la fin des passeports et visas dorés en Europe
Garcia Olmedo, Javier UL

Article for general public (2022)

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See detailInternational Investment Law in US Courts
Garcia Olmedo, Javier UL

in Ruiz Fabri, Helene; Stoppioni, Edoardo (Eds.) International Investment Law: An Analysis of the Major Decisions (2022)

Detailed reference viewed: 28 (1 UL)
See detailThe Instrumental Turn of Nationality: An Investment Law Perspective
Garcia Olmedo, Javier UL

Scientific Conference (2022, April 08)

This workshop takes a holistic approach to examine the role and future of nationality in a globalised world, taking citizenship by investment (CBI) schemes as a point of departure. It explores the ... [more ▼]

This workshop takes a holistic approach to examine the role and future of nationality in a globalised world, taking citizenship by investment (CBI) schemes as a point of departure. It explores the implications and impacts of CBI schemes, followed by a discussion on the instrumental turn of nationality in different areas, including EU law, private international law, human rights law, immigration law, diplomatic protection and international investment law. [less ▲]

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See detailSeeking A Balanced Investment Protocol in the African Continental Free Trade Area (AfCTA)
Garcia Olmedo, Javier UL

Scientific Conference (2022, March 21)

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See detailNottebohm Under Attack (Again): Is it Time for Reconciliation?
Garcia Olmedo, Javier UL

Article for general public (2021)

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See detail21st century investment protection: Africa’s innovations in investment law reform
Garcia Olmedo, Javier UL

in IBA Arbitration Newsletter (2021)

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See detailRepoliticising Investment Disputes: Is it Time?
Garcia Olmedo, Javier UL

Scientific Conference (2021, July 09)

Detailed reference viewed: 22 (2 UL)
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See detailInvestment and Tax Dispute Settlement Reforms: Do we need Fragmentation?
Garcia Olmedo, Javier UL

Scientific Conference (2021, June)

My panel addressed the impact of domestic law in international agreements and the use of tax, trade, and investment domestic law provisions for the application of international agreements. Some examples ... [more ▼]

My panel addressed the impact of domestic law in international agreements and the use of tax, trade, and investment domestic law provisions for the application of international agreements. Some examples are for instance the use of investment law that leads to non-application of domestic provisions, the need to introduce a domestic tax provision in the framework of legality, and the introduction of a tax measure that can results in indirect expropriation under the investment agreement. [less ▲]

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See detailDual Nationality: An International Law Perspective
Garcia Olmedo, Javier UL

Presentation (2020, November)

Detailed reference viewed: 19 (1 UL)
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See detailRecalibrating the International Investment Regime through Narrowed Jurisdiction
Garcia Olmedo, Javier UL

in International and Comparative Law Quarterly (2020)

The legitimacy crisis confronting the international investment regime has called for reforms to eliminate the asymmetric and troubled nature of investment treaties. These instruments grant extensive ... [more ▼]

The legitimacy crisis confronting the international investment regime has called for reforms to eliminate the asymmetric and troubled nature of investment treaties. These instruments grant extensive investor protections without offering reciprocal safeguards for host States wishing to preserve regulatory space. This article argues that any reform designed to redress imbalances in the existing regime should first aim at narrowing the personal jurisdiction of investment tribunals. Problematically, access to most investment treaties depends on broad nationality requirements, which have enabled investors to use corporations or passports of convenience to obtain treaty protection. This practice exacerbates the unbalanced relationship between host States and investors. It increases host States’ exposure to investment treaty claims and allows investors to circumvent newer, more State-oriented investment treaties. Using as an example the novel anti-nationality planning approach embraced in the 2019 Dutch Model BIT, this article suggests effective treaty mechanisms that States can adopt to restrict the range of investors that are entitled to claim. [less ▲]

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See detail‘The EU’s Approach towards Investment Dispute Settlement
Garcia Olmedo, Javier UL

Speeches/Talks (2019)

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See detailNationality of Claim: Investment Arbitration
Garcia Olmedo, Javier UL

in Max Planck Encyclopedia of International Procedural Law [MPEiPro] (2019)

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See detailSovereign Immunity as a Ground to Refuse Compliance with Investor-State Awards: Past Experience and Future Developments
Garcia Olmedo, Javier UL

in Fach Gomez, Katia; López Rodríguez, Ana Mercedes (Eds.) 60 Years of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards: Key Issues and Future Challenges (2019)

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See detailRedifining the Position of the Investor on the International Legal Order and the Nature of Investment Treaty Rights: A Closer Look at the Relationship between Diplomatic Protection and Investor-State Arbitration
Garcia Olmedo, Javier UL

in Gough, Alex; Summers, James (Eds.) Non-state actors and international obligations : creation, evolution and enforcement (2018, June)

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See detailRethinking the Relevance of Customary International Law to issues of Nationality in Investment Treaty Arbitration
Garcia Olmedo, Javier UL

in Capurro, Giancarlo; Akbaba, Mesut (Eds.) International Challenges in Investment Arbitration (2018, April 05)

Detailed reference viewed: 29 (0 UL)
See detailThe Relevance of CIL and its Interpretation to the Standing of Dual Nationals under IIAs
Garcia Olmedo, Javier UL

Scientific Conference (2018, February 20)

Detailed reference viewed: 17 (0 UL)
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See detailClaims by Dual Nationals under Investment Treaties: Are Investors Entitled to Sue Their Own States?
Garcia Olmedo, Javier UL

in Journal of International Dispute Settlement (2017)

Nationality plays a vital role in the field of investor-state arbitration. Most investment treaties require that, to benefit from treaty protection, an investor must be a national of the home state. Yet ... [more ▼]

Nationality plays a vital role in the field of investor-state arbitration. Most investment treaties require that, to benefit from treaty protection, an investor must be a national of the home state. Yet, the determination of nationality for investment treaty purposes can be particularly complex, raising a number of unresolved questions of considerable practical importance. One of these questions is whether investors who hold the nationality of both state parties to an investment treaty (i.e. dual nationals) are entitled to sue their own home state where the treaty is silent on the issue of dual nationality. This contribution contends that, when faced with a claim of this nature, arbitral tribunals should apply the well-established customary rule of dominant and effective nationality, and uphold jurisdiction only if the investor maintains a stronger connection with its home state. [less ▲]

Detailed reference viewed: 62 (2 UL)