definition of investment is a jurisdiction requirement to bring claim under BIT tribunal

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  definition of investor similarly broad
  
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  What is unique in these BITs is to give investor control over the claim and a forum in which to assert the claim.
  
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    Many of the actual substantive claims have been in CIL for a long time
    
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    National treatment and MFN treatment not CIL
    
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      Though CIL sets a minimum standard of treatment (i.e. floor) below which there is CIL principle that says you cannot do that
      
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        i.e. really egregious discrimination might fall below CIL principle of fair and equitable treatment
        

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  BITs generally offer three options for forum
  
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    Intl Centre for Settlement of Investment Dispute (ICSID)
    
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    Ad hoc (individual) arbitration using rules proposed by UN Conference on Intl Trade Law (UNCITRAL)
    
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    Whatever the host state and investor mutually agree
    
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  ICSID has nationality restrictions, UNCITRAL does not
  

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  American BIT have longer list, European BITs have short list
  
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    BITs between developing countries have even shorter list
    
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    American BITs include right of establishment with certain exceptions (i.e. transportation, telecommunications, banking, etc)
    
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      if the govt passes law saying foreigners are not allowed to invest in Starbucks in Ruritania, that is a prohibition on establishment
      
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        see page 444
        
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      European BITs do not have right of establishment
      
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  Common rights:
  
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    compensation for expropriation
    
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    fair equitable treatment and minimum standards
    
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    national treatment
    
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    MFN treatment
    

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  controversy in CIL about when a govt can expropriate, what we mean by expropriation, what compensation is payable, and whether there are exceptions
  
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  the bulk of BITs don’t answer these questions.
  
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    They just say if your expropriate, you need to pay compensation.
    
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    They leave to CIL to define expropriation.
    
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    But more recently, BITs have included western view of what expropriation means.
    
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      US BIT Art 6 p. 416
      
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