+1 862 207 3288 WRITTEN COURSEWORK QUESTION
The first case submitted to ICSID arbitration in 2016 concerns a dispute between Al Jazeera and Egypt. Egypt is accused by Al Jazeera of systematically and deliberately targeting their network in the aftermath of the January 25 uprising in 2011, which brought down former President Hosni Mubarak.
The case centres on the network’s claim that Egypt violated a 1999 Qatar-Egypt bilateral investment treaty, which “requires that investors be afforded fair and equitable treatment by the governments of both countries”. The treaty also ensures treatment of Al Jazeera’s staff in a manner consistent with international human rights laws, and respect for their right to freedom of expression.
Three Al Jazeera English journalists were arrested in late 2013 and convicted of spreading false news and of being members of a terrorist organisation. All three spent more than 400 days in an Egyptian prison.
Critically discuss the potential success of a claim from Al Jazeera and the trend towards expanding the remit of investment arbitration highlighting, with reference to decided case law, the legal issues involved in respect of the interpretation of the ICSID convention.
WORD LIMIT – 3500 words (maximum)
Referencing:
The word limit does not include footnotes, appendices or bibliography. Footnotes must be used for references only. Any narrative or description contained with in footnotes or appendices will be disregarded by the marker. References must be made with proper footnotes and a complete bibliography in OSCOLA format.
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