This ACIL Luncheon will address two current topics: remedies before Turkish courts in the wake of the failed coup; amicus curiae in investment arbitration (with reference to the Philip Morris v Uruguay award).
In this ACIL Luncheon, we have two contributions:
1. Kerem Gulay & Markos Karavias: Availability of remedies before Turkish courts in the wake of the failed coup
Following the failed attempt at a coup d’etat on 15 July 2016, Turkey has declared a state of emergency, putting in place a series of decrees, on the basis of which several thousands of civil servants were detained, suspended or dismissed from their posts. The legality of these measures has been challenged both before the European Court of Human Rights and the Turkish Constitutional Court. Markos Karavias will be discussing the admissibility decisions delivered by the Court in relation to these measures in the cases of Mercan (available in French, here) and Zihni (available in French, here), while Kerem Gulay will address the review of the legality of the measures in Turkish law and the uncanny shift in Turkish Constitutional Court's jurisprudence.
2. Vladislav Djanic: Philip Morris v Uruguay – Giving Weight to Amicus Curiae in Investment Arbitration
On 8 July 2016 an ICSID tribunal gave its much awaited award in the Philip Morris v Uruguay dispute, dismissing the claims in their entirety. The case was brought under the Switzerland-Uruguay BIT by Philip Morris, which claimed that its rights under the BIT were violated by Uruguay’s measures aimed at reducing the smoking rate. The decision can be found here. A brief summary (in three parts) of the award is available here, here and here. Vladislav Djanic will address the tribunal’s decision with particular focus on the tribunal’s deference to Uruguay’s right to regulate in the public interest and its pioneer approach with regard to taking into account amicus curiae submissions.
Faculty of Law, University of Amsterdam
Oudemanhuispoort 4-6, Room A101
The ACIL regularly organizes ACIL Luncheons at which ACIL researchers and visiting fellows present aspects of their work, discuss recent developments, cases, ideas, etc. ACIL Luncheons aim to advance interaction and exchange of research. They are open to all; registration is not required.