Judicial acts of states are becoming increasingly subjected to
international investment claims. This book focuses on distinctive
particularities of these claims. Although there are no special
responsibility regimes for different functions of the state, the
application of investment treaty standards and the threshold for
their breach may vary depending on the function involved.
Accordingly, in order for the state to incur responsibility for a
wrongful act committed in the exercise of its judicial function,
there are some specific conditions that should be met: the investor
must establish that the state is responsible for a breach
attributable to the state; the investment tribunal has jurisdiction
over the particular dispute; and the damage that the investor has
suffered is a result of the particular breach. Berk Demirkol
addresses questions in relation to the substance, jurisdiction,
admissibility, and remedies in cases where state responsibility
arises from a wrongful judicial act.
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