TY - JOUR
T1 - Bet on Green
T2 - A Comment on the Legislation-of-origin of an Investment and Its Effects on Investments in the Cannabis Industry
AU - Radanovich, Jorge Humberto Barba
AU - Radanovich, Jose Miguel Barba
PY - 2025
Y1 - 2025
N2 - The present study aims to question the allocation of burdens and obligations within the realm of Investment Treaties (AIIs), starting from the analysis ofan obvious and specific counterexample: the protection of the right to free transfer of assets and return on investments concerning cannabis investments. When investments are made in the cannabis industry, the protection offered by the host State of the investment is only half of the mandate, as it will be the duty of the home State of the investment to ensure that the investor can legitimately repatriate the legitimate returns of their investment to their home State. The essay establishes the framework from the perspective of investment protection law, explores possible justifications for States to restrict the right guaranteed by the BIT, and concludes with brief conclusions and recommendations.
AB - The present study aims to question the allocation of burdens and obligations within the realm of Investment Treaties (AIIs), starting from the analysis ofan obvious and specific counterexample: the protection of the right to free transfer of assets and return on investments concerning cannabis investments. When investments are made in the cannabis industry, the protection offered by the host State of the investment is only half of the mandate, as it will be the duty of the home State of the investment to ensure that the investor can legitimately repatriate the legitimate returns of their investment to their home State. The essay establishes the framework from the perspective of investment protection law, explores possible justifications for States to restrict the right guaranteed by the BIT, and concludes with brief conclusions and recommendations.
KW - Free movement
KW - Investment protection
KW - Liquid assets
KW - Public international law
KW - Return on investments
KW - Treaty interpretation
UR - https://www.webofscience.com/api/gateway?GWVersion=2&SrcApp=ulima_cris&SrcAuth=WosAPI&KeyUT=WOS:001360135400006&DestLinkType=FullRecord&DestApp=WOS_CPL
M3 - Artículo (Contribución a Revista)
SN - 1812-6804
VL - 43
SP - 82
EP - 97
JO - Vox Juris
JF - Vox Juris
IS - 1
ER -