Κατεύθυνση Διεθνείς Αντιδικίες
Library of the School of Law

2018-03-18

2018

Dimitriadi Styliani

Αναστάσιος Γουργουρίνης, Λέκτορας, Τμήμα Νομικής, Εθνικό και Καποδιστριακό Πανεπιστήμιο Αθηνών
Ελένη Μουσταΐρα, Καθηγήτρια, Τμήμα Νομικής, Εθνικό και Καποδιστριακό Πανεπιστήμιο Αθηνών
Χρύσα Τσούκα, Αναπληρώτρια Καθηγήτρια, Τμήμα Νομικής, Εθνικό και Καποδιστριακό Πανεπιστήμιο Αθηνών

Η Διαφθορά και το Διεθνές Επενδυτικό Δίκαιο

Greek

Corruption and International Investment Law

The purpose of this dissertation is to examine the complex phenomenon of Corruption under the scope of International Investment Law. Undoubtedly, this is a phenomenon that degrades and erodes democratic principles and leads to inefficient governance whilst undermining the economic development of States. In the frame of International Investment Law, this phenomenon is manifested through illegal investments in host states, and in the majority of cases involvement of the public officials is detected. This being the reason, we deem it appropriate to emphasize on the continuously increasing importance of the International Conventions against Corruption, as well as to the role of the Investment Tribunals, which are one of the most effective mechanisms to deal with this phenomenon.
In particular, we first focus on the nature and typology of Corruption, as well as on the efforts of the international community to combat this phenomenon through an internationally adopted legal framework.
In the second instance, we pay specific attention on ICSID Tribunals’ approaches in cases concerning allegations of Corruption. In the same vein, we scrutiny how arbitrators closely follow and adopt certain general principles ("clean hands", "estoppel", "transnational public policy") as well as the rules of evidence (burden and standard of proof) to which they rely in order to get their final decision.
Finally, we focus on the Investment Tribunals’ emergent case law trends regarding the Bribery / Corruption issues, deriving either from the investor alone or from himself together with the host state’s officials. Particularly, we find that in the majority of cases, host states use corruption allegations as a defense against the Investor, but only in a few of them the latter invokes these allegations, without successful results though.
In any case, both parties to an investment dispute, as well as the arbitrators acting as “guarantors” of the transnational public policy, should be particularly aware when facing serious allegations, such as Corruption.

Law and Legislation

International Law

Corruption,Bribery,International Investment Law, ICSID Tribunals, International Investment Arbitration

No

0

Yes

181

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https://pergamos.lib.uoa.gr/uoa/dl/object/2707518