Author
Dursun, Dilara Dolunay
Publication Date
2017
Subject
Law
Type
Document
Language
Turkish
Digital
Yes
Manuscript
No
Library
Özyeğin University
Record ID
4940aaca-9d4c-4c65-bc30-01eac35c587d
Library Location
Department of Public Law
Date
2017
Sample Text
Before moving on to examine the umbrella provision, which is our main topic, we conducted an informative study on international investment law that triggered the emergence of this provision and investment agreements, including the Energy Charter Agreement, which is the focus of our thesis. We devoted the second part entirely to the umbrella provision. In this section, we included judicial decisions, doctrinal information and discussions about the historical development of the provision, its legal nature, scope and how it should be interpreted. In the last section, we reinforced the umbrella provision in the Energy Charter Agreement with the information in the second section and discussed the points where this provision differs from equivalent regulations in other investment agreements. Key Words: Umbrella clause, umbrella clause, international investment, foreign investment law., Before analyzing the umbrella clause, as our fundamental theme, we studied the international investment law, that affected the appereance of the clause, and the investment treaties –also Energy Charter Treaty. On the second part we just focused on the umbrella clause. On this part the historical development, the legal nature, the content of the clause and how it should be interpereted were included in the scope with the jurisdictional decisions, doctrinal informations and discussions. On the last part, while confirming the umbrella clause in the Energy Charter Treaty with the information on the second part, we discussed in separate points of equivalent formulations. Key Words: Umbrella clause, international investment, foreign investment law.