Analysis OF Beer Creek Mining V. Peru Case

Abstract

This article discusses arbitral awards that are significant for finding that foreign investors do not have obligations under the International law in the context of obtaining social license to operate as long as they are involved in community consultations in accordance with national laws. Moreover, it examines to what extent tribunals apply contributory fault principle in order to calculate compensation for violation of investment protection standards. Furthermore, it argues that International obligations of investors should be recognized as they have International rights.

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