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From the Lena Goldfields Case to the Yukos Shareholders Cases: State Control over Strategic Subsoil Vs Protection of Foreign Investors' Interests

ContributorsBaquie, Mathurin
Master program titleMaster in Law
Defense date2017
Abstract

International investment law and arbitration have become attractive to solve expropriation cases between a state and foreign investors. Such evolution is mainly based on key cases. The 1930 Lena Goldfields, Ltd vs USSR case directly contributed to the recognition of arbitration and the definition of several international legal principles that have gradually been acknowledged as the minimum standards of international investment law. Moreover, the Lena Goldfields case has clearly showed that legal considerations and enforcement of the arbitration award are influenced by geopolitical matters, especially when strategic subsoil is involved. If societies with different (ideological) references are in latent conflict, arbitration in international investment law turns out to be a weapon. Such approach continues to be valid when capitalism prevails and private entities gain economical strength in a weakened state. The 2000's Yukos Shareholders vs Russian Federation cases further illustrate it, as the geopolitical force of a country is notably defined by its standing on the energy market. To fully grasp the way in which the above-mentioned cases have contributed to the international jurisprudence, the two parts of the current manuscript will follow the same structure. First, will be presented the global historical context and the local history. Then, will be described the chronological phases of the cases and briefly analyzed the key legal aspects of the cases.

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Keywords
  • International investment law
  • Arbitration
  • Lena Goldfields
  • Yukos Shareholders
  • Strategic Subsoil
  • Expropriation
  • International legal principles
  • Minimum standards of international investment law
  • Enforcement of arbitration award
  • Protection of Foreign Investors' Interests
  • Foreign concessions
  • Russian Empire
  • Lena Massacre
  • International jurisprudence
  • Expropriation Compensation
  • General Principles of Law
  • Truncated Tribunal
  • Procedural and Jurisdictional Issues
  • Gorbachev Era
  • Yeltsin Era
  • Putin Era
  • Yukos
  • European Court of Human Rights
  • RosInvestCo UK Ltd
  • Russian Federation
  • Quasar de Valores SICAV SA
  • Orgor de Valores SICAV SA
  • GBI 9000 SICAV SA
  • Alos 34 SL
  • Unclean Hands Principle
  • Romanov era
  • Russian Revolution
  • Russian Civil War
  • New Economic Policy
  • Great Turn
  • First Five Year Plan
  • International investment law
Citation (ISO format)
BAQUIE, Mathurin. From the Lena Goldfields Case to the Yukos Shareholders Cases: State Control over Strategic Subsoil Vs Protection of Foreign Investors” Interests. 2017.
Main files (1)
Master thesis
accessLevelPublic
Identifiers
  • PID : unige:102670
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