Abstrak

Kembali

The broad framework of debate surrounding the meaning of ‘investment’ in ICSID jurisprudence is by now fairly clear, even if the issue, which has generated a large literature, remains unsettled. Broadly, however, it is agreed that ‘investments’ are protected whereas simple contractual rights are not. In Deutsche Bank AG v Democratic Socialist Republic of Sri Lanka, the Tribunal held that a derivative instrument, a hedging agreement, constituted an ‘investment’.