Stonewalling the Malls: Just Compensation and Battlefield Protection

630Procedure — Addition of a party — Conditional application — UNCITRAL Rules, Article 22 — UNCITRAL Rules, Article 17 — Whether the UNCITRAL Rules or lex loci arbitri allowed for applications to be made conditional on a tribunal’s future decision — Whether the application was consistent with the State’s procedural rights — Whether the amendment to a claim under Article 22 of the UNCITRAL Rules allowed for the addition of a third party as claimantJurisdiction — Investment — Shares — Whether an investor’s shares and rights derived from those shares were protected investments under the BITJurisdiction — Investment — Assets of subsidiary — Whether profits, goodwill or know-how of a local subsidiary constituted investments of the investor protected by the BITJurisdiction — Consent — Cooling-off period — Premature claims — Whether the investor had communicated its own claims rather than those of its local subsidiary — Whether the investor’s failure to comply with a waiting period of six months under the BIT required a tribunal to deny jurisdiction or admissibility — Whether the negotiation of a local subsidiary’s dispute in good faith was relevant to jurisdiction over a foreign investor’s claimsInterpretation — Cooling-off period — VCLT, Article 31 — Object and purpose — Whether the object and purpose of the BIT required a tribunal not to adopt a strict or formalistic interpretation of the waiting period of six monthsRemedies — Declaratory award — Interpretation — Just compensation — Whether the tribunal had jurisdiction under the BIT to make a declaratory award on the interpretation and application of the term “just compensation”Jurisdiction — Dispute — Whether the tribunal had jurisdiction under the BIT to advise the parties of an imminent disputeExpropriation — Direct deprivation — Shares — Rights derived from shares — Whether the State directly deprived the investor of its rights as a shareholder in its local subsidiaryExpropriation — Indirect deprivation — Shares — Rights derived from shares — Whether the shares had lost all or almost all significant commercial value — Whether the measures were adopted in the public interest — Whether due process had been followed — Whether there were any undertakings by the StateExpropriation — Interpretation — “Just compensation” — Whether there was any difference between the terms of the BIT and general international law — Whether the meaning of just compensation could be determined in the abstract631Fair and equitable treatment — Whether the impending expropriation constituted a breach of the standard of fair and equitable treatment — Whether the claim concerned the investor’s rights derived from sharesFull protection and security — Whether the State failed to protect an investment from expropriation by local authorities — Whether the claim concerned the investor’s rights derived from sharesUmbrella clause — Whether there was any assurance directed at the investor that created any legal obligations — Whether the claim concerned the investor’s rights derived from sharesCosts — Arbitration costs — Variation by agreement — UNCITRAL Rules — Whether the terms of the BIT varied the default rules for the allocation of arbitration costs

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GANTI RUGI KEPEMILIKAN HAK ATAS TANAH MASYARAKAT KABUPATEN SIDOARJO AKIBAT PENCEMARAN LINGKUNGAN OLEH PT. LAPINDO BRANTAS

Jurnal Hukum & Pembangunan ◽

10.21143/jhp.vol38.no4.182 ◽

2008 ◽

Vol 38 (4) ◽

pp. 556

Author(s):

Nini Warsini

Keyword(s):

Current Issue ◽

Land Loss ◽

Oil Drilling ◽

Just Compensation ◽

Responsibility Of Government ◽

Environment Disaster

AbstrakThis article publishes a tight research regarding the current issue on muderuption that has happened in oil drilling area in Sidoarjo District, east java.The company that did business has influenced environment destruction andpeople suffered. The research itself is conducted by normative (library) legalresearch to propose about three problems. The author concerns are about itscompensation payment on defected lands and holV that payment be executedalso embarks regarding responsibility of government. This research becomesone of many legal researches done to offering more figure legal enlighteningthrough the case known as enormous environment disaster after priortsunami was happened in Indonesia. Analyze gives focus on land lawperspective about land loss and its just compensation.

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