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Cortec Mining Kenya Limited, Cortec (Pty) Limited, and Stirling Capital Limited v. Republic of Kenya

Lorenzo Cotula, James T Gathii

Journal article, 8 pages

This case comment discusses an investor-state arbitral award rendered under the bilateral investment treaty between Kenya and the United Kingdom. The dispute relates to a mining project in Kenya. The award addresses questions of investor compliance with national law, and the implications of investor non-compliance for investor-state dispute settlement. The issues resonate with wider debates about balancing investor rights and obligations in the international investment regime.

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Publication information

  • External: X00212
  • Published: Jul 2019 - Cambridge University Press, Cambridge
  • Area: UK, Kenya
  • Themes: Law, Natural resource management
  • Source pub: American Journal of International Law
  • Journal ref: 113(3), 574-581
  • Language: English

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Lorenzo Cotula and James T. Gathii, 2019, “Cortec Mining Kenya Limited, Cortec (Pty) Limited, and Stirling Capital Limited v. Republic of Kenya”, 113(3) American Journal of International Law 574-581
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International treaties, national laws and transnational contracts define the terms of an investment and influence the distribution of its costs and benefits. To promote inclusive sustainable development, IIED works with partners to rethink these legal documents and the process through which they are formulated.

More at www.iied.org:
Rethinking investment treaties, laws and contracts

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