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Athanassiou, Phoebus --- "BITs and pieces: Reflections on the relevance of BITs in resolution-related litigation" [2017] ELECD 467; in Tams, J. Christian; Schill, W. Stephan; Hofmann, Rainer (eds), "International Investment Law and the Global Financial Architecture" (Edward Elgar Publishing, 2017) 240

Book Title: International Investment Law and the Global Financial Architecture

Editor(s): Tams, J. Christian; Schill, W. Stephan; Hofmann, Rainer

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781785368875

Section: Chapter 10

Section Title: BITs and pieces: Reflections on the relevance of BITs in resolution-related litigation

Author(s): Athanassiou, Phoebus

Number of pages: 15

Abstract/Description:

This chapter addresses questions of bail-ins and international investment law. More specifically, it pursues two aims. It seeks, on the one hand, to determine the conditions subject to which depositors adversely affected by national bail-in measures can rely on international investment law as a source of legal constraints to the exercise of statutory resolution powers. On the other hand, it assesses the relevance and relative weight of the causal link between losses suffered by depositors and the actions of the competent national authority in the run-up to the taking of national bank rescue measures. Keywords: bail-in, bilateral investment treaty, international investment law, no creditor worse off principle, causation