Restitution in Kind in Investment Disputes: The Spectrum of the Libyan Nationalization Cases

Victor STOICA*

Abstract: The issue of primary remedies available in international law is still very much open, as international case-law has yet to reach consensus on this matter. A particular manifestation of this relates to the availability of restitution in kind or specific performance as a remedy of international law in investment disputes. The aim of this article is to analyse restitution in kind as a remedy in investment disputes, particularly looking at the classic Libyan Nationalization Cases.

Key-words: Remedies, Restitution in Kind, Investment Arbitration

* Post-doc Lecturer in Public International Law and International Organizations at the University of Bucharest. Ph.D., University of Geneva. The opinions expressed in this paper are solely the author’s and do not engage the institution he belongs to.

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