The contribute analyses alternative means of foreign investors’ protection in respect of the ones provided in the Bilateral Investment treaties. The focus is on Italian-Swiss Controversy on Secondary Residences in Engadine (1990-1992), which represents a case of resorting to diplomatic protection in the form of diplomatic conciliation. The analysis underlines that in some cases treaties different from Bilateral investment Treaties, that is establishment treaties and Friendship commerce and navigation treaties can be of value in the protection of foreign investors and a useful and appropriate alternative to the BITs.
Diplomatic Conciliation of Investment Disputes: the Italian-Swiss Controversy on Secondary Residences in Engadine (1990-1992) and its Lessons
SACERDOTI, GIORGIO
2013
Abstract
The contribute analyses alternative means of foreign investors’ protection in respect of the ones provided in the Bilateral Investment treaties. The focus is on Italian-Swiss Controversy on Secondary Residences in Engadine (1990-1992), which represents a case of resorting to diplomatic protection in the form of diplomatic conciliation. The analysis underlines that in some cases treaties different from Bilateral investment Treaties, that is establishment treaties and Friendship commerce and navigation treaties can be of value in the protection of foreign investors and a useful and appropriate alternative to the BITs.
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