At times, and for a variety of reasons, states will regulate the market in the furtherance of public-policy objectives—including to implement specific human rights obligations. Where investment agreements are in place, these kinds of measures may trigger an investor’s claim for breach by the state of its treaty obligations. Over the course of the last … Read more

In the recent decision of Harb v HRH Prince Abdul Aziz Bin Fahd Bin Abdul Aziz [2015] EWCA Civ 481, the English Court of Appeal (the Court) confirmed that the immunity afforded by the UK State Immunity Act 1978 (the SIA) applies to a head of state who dies in office in the same way … Read more

After winning an outright majority at the general election, the new UK Government is pressing ahead with its manifesto promise to “scrap the Human Rights Act and introduce a British Bill of Rights“. However, few details have emerged about precisely what a proposed British Bill of Rights would contain and how it would operate. Further, … Read more

In the case of (1) Benkharbouche and (2) Janah v (1) Embassy of the Republic of Sudan and (2) Libya, the English Court of Appeal (the Court) considered the claims by employees of the embassies of Sudan and Libya, that s16(1)(a) and 4(2) of the English State Immunity Act 1978 (the SIA) were incompatible with … Read more

A recent decision by the Italian Constitutional Court calls into question the applicability of generally accepted principles of sovereign immunity to acts where the relevant state action is particularly egregious violating constitutional rights. It may be possible for claimants to pursue a compensatory claim for damage done to property or even an expropriation claim in … Read more