نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Corruption allegations in international investment disputes cut both ways. Investors may rely on corrupt conduct by the host State, such as collusion, extortion, or bribery solicitation, to establish State responsibility, while States may invoke corruption to challenge the investment’s legality, jurisdiction, or merits. This article asks on what legal basis an investor may rely on host-State corruption. Using a descriptive-analytical approach and investment arbitration jurisprudence, the article argues that corrupt conduct by the host State breaches substantive treaty protections, especially the Fair and Equitable Treatment (FET) standard, and thus engages international responsibility. It examines key elements of FET, including good faith, legitimate expectations, transparency, stability, predictability, non-arbitrariness, non-discrimination, and due process, and shows that State corruption can violate them through secrecy, abuse of power, and disregard for the rule of law. Investors may therefore rely on circumstantial evidence to prove such breaches and seek compensation.
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کلیدواژهها English
