Další formáty:
BibTeX
LaTeX
RIS
@article{1517396, author = {Nový, Zdeněk}, article_number = {2}, keywords = {Bankruptcy; Insolvency; International Law; Investment Protection; State Responsibility}, language = {eng}, issn = {1875-4120}, journal = {Transnational Dispute Management}, title = {State Responsibility for Breaches of Standards of Investment Protection Committed by Bankruptcy Courts and Trustees}, url = {https://www.transnational-dispute-management.com/article.asp?key=2640}, volume = {2019}, year = {2019} }
TY - JOUR ID - 1517396 AU - Nový, Zdeněk PY - 2019 TI - State Responsibility for Breaches of Standards of Investment Protection Committed by Bankruptcy Courts and Trustees JF - Transnational Dispute Management VL - 2019 IS - 2 SP - 1-23 EP - 1-23 SN - 18754120 KW - Bankruptcy KW - Insolvency KW - International Law KW - Investment Protection KW - State Responsibility UR - https://www.transnational-dispute-management.com/article.asp?key=2640 L2 - https://is.muni.cz/publication/1517396/cs/Novy/publication/1517396/Novy_-_Publikace_TDM_clanek_final.pdf N2 - This paper addresses the state’s responsibility for violations of international investment law by bankruptcy trustees and courts. The analysis is broken down into two parts corresponding to the elements of state responsibility under international law—attribution and breach of an international obligation. The first part of the paper examines whether the conduct of a bankruptcy trustee may be attributable to the state under international law. The answer to this unresolved question is important given that the trustee’s actions and omissions may result in breaching international investment protections. The paper demonstrates that there are arguments in favour of attribution of a trustee’s conduct to the state. The second part of the paper examines known and likely instances of breach of investment standards in the bankruptcy context. Such instances include wrongful seizure of goods, failure to exercise reasonable care over seized goods, and the public auction of an investment. ER -
NOVÝ, Zdeněk. State Responsibility for Breaches of Standards of Investment Protection Committed by Bankruptcy Courts and Trustees. \textit{Transnational Dispute Management}. 2019, roč.~2019, č.~2, s.~1-23. ISSN~1875-4120.
|