Table of Contents
Prefatory Note
In the realm of international investment, the intersection between domestic legal frameworks and international treaties poses significant challenges, particularly when interpreting concepts such as “property” and their implications for investor rights. This paper critically examines this intricate interplay through the lens of intellectual property rights (IPRs), focusing specifically on the landmark cases of IPR and investment. The primary research question centers on whether international investment tribunals possess jurisdiction over the granting, revocation, and limitation of IPRs. This inquiry is particularly pertinent as it unveils the complexities inherent in interpreting domestic law concepts like trademarks within the context of international investment law. The case of Philip Morris v. Uruguay serves as a pivotal illustration of these challenges. In this dispute, Philip Morris challenged Uruguay’s tobacco regulation measures, arguing that they constituted an indirect expropriation of its trademark rights. However, the tribunal’s jurisdiction was complicated by the necessity to navigate the domestic legal landscape governing IPRs. This highlights that IPRs do not exist in a vacuum; rather, they are deeply rooted in national legal systems, which shape their enforcement and limitations. Furthermore, the analysis reveals the critical need for investment tribunals to respect and integrate the diversity of national legal systems and their respective policy objectives. The interpretation of domestic law concepts within international investment law must acknowledge the unique regulatory frameworks and cultural contexts that inform national policies on IPRs.
Ultimately, this paper argues that a nuanced understanding of the relationship between domestic law and international investment law is essential for safeguarding both investor rights and the regulatory autonomy of states. By recognizing the complexities of IPRs and their dependence on domestic legal interpretations, we can foster a more balanced approach to international investment disputes, one that respects the diversity of legal traditions while promoting global investment integrity.
Call for Papers
We invite submissions of original research papers, case studies, and policy analyses from academicians, practitioners, researchers, and students in the field of law. The Editorial Board welcomes articles that address the following themes:
- Jurisdictional Challenges in Investment Arbitration
- Review of Domestic Court Decisions by Arbitral Tribunals
- Investor-State Dispute Settlement (ISDS) and IP Compliance
- Interpretation of IP Laws by Investment Tribunals
- Balancing Investor Rights with State Sovereignty
- Impact of Cultural Context on IP Regulation
- Landmark Cases in IPR and Investment Law
- The Role of Domestic Legal Frameworks in IPR
- Harmonizing International Investment and IP Laws
- Future Trends in Investment and Intellectual Property Disputes
Submission Guidelines
Submitted abstracts must not exceed 150 words, must include a title, and be accompanied by five keywords and final manuscript must be between 5000-8000 words.
Formatting Guidelines
Submitted abstracts must not exceed 150 words, include a title, and be accompanied by five keywords. The final manuscript must be between 4000 and 5000 words. All submissions must follow the Bluebook Method Citation 21 edition. (A Uniform System of Legal Citation) Non-conformity will be a ground for rejection. The font shall be in Times New Roman, size 12 with a line spacing of 1.5. Footnotes shall be in Times New Roman, size 10, with single-line spacing. The selected paper will be published in Mysore University Law Journal.
Submission Guidelines
- Submissions are accepted only in electronic form.
- Submissions must be made in Word format (.doc)/(.docx)
- The submission must be accompanied by a cover letter stating the title of the manuscript, the name, and details of the author/authors, and the author’s contact details.
- Co-authorship of a maximum of two persons is allowed.
- The proper acknowledgment must be given for such use of literature in the article submitted.
- The submission will be run through anti-plagiarism software and plagiarism in any form will result in rejection of the submission.
Registration Procedures
- To submit a proposal, please click on
Registration link: https://forms.gle/oQmMWogbJQLz2udw7
- Date: 14th December 2024.
- The Last Date of Submission and Registration: 8th December 2024.
- The decision on selection of the paper will be intimated on or before 10th December 2024.
- Time: 2PM to 6 PM
- Mode: Virtual
Contact Information
For inquiries and participation confirmation, please contact the following undersigned:
Coordinator
Mr. Sayed Qudrat Hashimy
Department of Studies in Law
University of Mysore
Email: [email protected]
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