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Dr. Martin Jarrett

Senior Research Fellow

jarrett@mpil.de
Tel. +49 (6221) 482-633

Main Fields of Research:

General International Law (causation and role of domestic law); International Public Law (adjudication of investor-state disputes); and International Investment Law (investor misconduct and role of human rights)

Academic Career:

Employed Positions:

Since Jan. 2020: Senior Research Fellow MPIL

Aug. 2018 - Dec. 2019: Senior Lecturer, University of Mannheim

Jul. 2012 - Jul. 2018: Lecturer, University of Mannheim

 

Research Stays:

Dec. - Mar. 2019: Visiting Researcher, University of Sydney

Aug. - Sep. 2018: Visiting Researcher, University of Helsinki

Jul. - Aug. 2018: Visiting Researcher, George Washington University

Jul. - Aug. 2017: Visiting Researcher, University of Sydney

 

Professional Qualification:

Solicitor and Barrister (New South Wales, Australia) (not active)

Recent Publications

  • Contributory Fault and Investor Misconduct in Investment Arbitration. Cambridge University Press, Cambridge, 2019, 182 p. https://www.cambridge.org/core/books/con...
  • “In Accordance with Host State Law”-Clauses, Inherent Legality, and Good Faith Requirements. In: Investment Protection Standards and the Rule of Law, August Reinisch, Stephan Schill (eds.). Oxford University Press, Oxford 2021, forthcoming.
  • Extricating the Illegality Element from Judicial Expropriation. In: Global Values and International Trade Law. Routledge Publishing, New York 2020, forthcoming. http://www.glawcal.org.uk/research/globa...
  • Reprisals Against Illegal Investments. In: Investors' International Law, Jean Ho, Mavluda Sattorova (eds.). Hart Publishing, Oxford 2020, forthcoming.
  • A New Energy Charter Treaty for the Clean Energy Future. In: The Global Energy Transition: Law, Policy and Economics for Energy in the 21st Century, Peter Cameron, Volker Roeben, Shawn Mu (eds.). Hart Publishing, Oxford 2020, forthcoming. https://www.bloomsburyprofessional.com/u...
  • Contributory Fault in Foreign Investment Law. In: Versicherungsmechanismen im Recht, Caspar Behme, Martin Fries, Johanna Stark (eds.). Mohr Siebeck, Tübingen 2016, 45-70. https://www.mohrsiebeck.com/buch/versich...
  • Legally Protecting Upstream Investments. In: University of Eastern Finland Energy Law Review 1, 50-79 (2016).
  • Optional Dispute Resolution Clauses and Conditional Arbitration Agreements. In: Asian International Arbitration Journal 9, 39-53 (2013). https://www.kluwerlawonline.com/abstract...

Blogposts

Presentations

22 Jun 2020

The Modernisation of the Energy Charter Treaty

Monday Meeting (MPIL)

Max Planck Institute for Comparative Public Law and International Law, Heidelberg, Germany

https://www.youtube.com/watch?v=O3U_XRq6Auo&t=211s

29 Feb 2020

The Challenges of Creating a Doctrine of Precedent for International Investment Law

Conference: South Asia in the Era of International Courts and Tribunals

South Asian University, New Delhi, India

29 Jan 2020

Overcoming the Challenges of Embedding Counterclaims into the Framework of International Investment Law

Workshop: Trade and Investment Law Timeout Session

Department of Foreign Affairs and Trade, Canberra, Australia

24 Oct 2019

Imposing Directive-Based Human Rights Obligations on Investors in International Investment Law

Conference: Socially Responsible Foreign Investment under International Law

Catholic University of Portugal, Lisbon, Portugal

19 Sep 2019

The Potential for Creating Consistent Investment Treaty Case Law via the Investment Tribunal System

Conference: ILA 2019 Regional Conference

University of Minho, Braga, Portugal

http://stk116.leading.pt/en/content/programme/programme/final_programme.html

15 Sep 2019

Shaping the Multilateral Investment Court System into the Chinese Mould

Conference: Multilateral Reform of Investor-State Dispute Resolution: A Dialogue among Different Approaches

The Silk Road Institute for International and Comparative Law, Xi'an Jiaotong University, China

http://event.icrp.xjtu.edu.cn/103091608/index?pageId=103091665

12 Sep 2019

Ensuring the Fairness of Investor Obligations

Workshop: 2019 ESIL International Business and Human Rights Workshop

National and Kapodistrian University of Athens, Athens, Greece

04 Sep 2019

Granting Standing to Natural Persons and Local Communities for Human Rights-Based Claims in Investment Arbitration

Workshop: The Legitimacy of International Investment Law and Arbitration in Protecting Human Rights

PluriCourts, Oslo, Norway

https://www.jus.uio.no/pluricourts/english/projects/leginvest/events/human-rights-investment-law.html

19 Jul 2019

The Validity of Investor Obligations in Investment Treaties

Conference: Fourth African International Economic Law Network Biennial Conference

Strathmore University, Nairobi, Kenya

20 Jun 2019

Fighting Corruption via Effective Transparency Obligations and Civil Participation in Investment Treaties

Workshop: Corruption Democracy and Human Rights: Exploring New Avenues in the Fight Against Corruption

European University Institute, Florence, Italy

16 May 2019

A Theory of Causation for International Investment Law

Workshop: ESIL-ELTE Law School Joint Workshop on 'Attribution, causality and evidentiary rules: Mere technicalities or the heart of the matter? Secondary rules of primary importance'.

Eötvös Loránd University of Budapest, Budapest, Hungary

07 May 2019

The Reactionary Police Powers Defence

Conference: 12th Annual McGill Graduate Law Conference

McGill University, Montreal, Canada

02 May 2019

The Eastern Shift in International Investment Law

Workshop: 2019 CIBEL Global Network Young Scholars Workshop

University of New South Wales, Sydney, Australia

22 Feb 2019

State Responsibility for the MH17 Incident

Conference: 2019 SCIL ‘Year in Review’

University of Sydney, Sydney, Australia

15 Feb 2019

Reimaging Expropriation in International Investment Law

Workshop: ANZSIL International Economic Law Interest Group 2019 Workshop

University of Canterbury, Christchurch, New Zealand

13 Dec 2018

The Defence of Mismanagement in International Investment Law

Presentation for the monthly academic staff meeting of the Centre for Energy, Petroleum and Mineral Law and Policy

University of Dundee, Dundee, United Kingdom

03 Dec 2018

“In Accordance with Host State Law”-Clauses, Inherent Legality, and Good Faith Requirements

Workshop: ‘Investment Protection Standards and the Rule of Law’ (an event organised by the International Law Association’s Committee ‘Rule of Law and International Investment Law’)

University of Vienna, Vienna, Austria

04 May 2018

Rethinking Expropriation of Intellectual Property Investments

Conference: Free Trade, Public Interest and Reality: New Generation Free Trade Agreements and National Regulatory Sovereignty

Hungarian Academy of Sciences, Szeged, Hungary

20 Apr 2018

Environmental Warning Labels: the Perspective from International Investment Law

Conference: Contemporary Challenges to International Law and Policy on Sustainable Development, Energy, Climate Change, Environmental Protection, Intellectual Property and Technology Transfer

Masaryk University, Brno, Czechia

08 Aug 2017

An Overview of Contributory Fault Defences in International Investment Law

Workshop dedicated to topic

University of Sydney, Sydney, Australia

29 Jan 2016

Intellectual Property Investments and the Locality Condition for Jurisdiction

Conference: 2nd Kobe Seminar on International Investment Law 2016

Kobe University, Kobe, Japan

13 Nov 2015

Causation, Expropriation, and Taxation

Conference: ‘Settlement of Tax Disputes Under International Law’

University of Luxembourg, Luxembourg City, Luxembourg

08 May 2015

Contributory Fault in Foreign Investment Law

Workshop: Versicherungsmechanismen im Recht

Ludwig Maximilian University of Munich, Munich, Germany

26 Feb 2015

Expropriation of Upstream Assets

Conference: Energy Transitions

University of Eastern Finland, Joensuu, Finland

Teaching

Sep. - Dec. 2019

Foundations of Anglo-American Law, 13 hrs.

Faculty of Law and Economics, University of Mannheim University of Mannheim, Mannheim, Germany

Sep. - Dec. 2019

International Investment Law, 3 hrs.

Faculty of Law and Economics, University of Mannheim, Mannheim, Germany

Feb. 2019

The Regulation of Investor Misconduct in International Investment Law

Faculty of Law, University of Sydney, Sydney, Australia

Sep. - Dec. 2018

English Contract Law, 2 hrs.

Faculty of Law and Economics, University of Mannheim, Mannheim, Germany

Sep. - Dec. 2018

Foundations of Anglo-American Law, 18 hrs.

Faculty of Law and Economics, University of Mannheim, Mannheim, Germany

Sep. - Dec. 2018

International Investment Law, 2 hrs.

Faculty of Law and Economics, University of Mannheim, Mannheim, Germany

Feb. - Jun. 2018

Foundations of Anglo-American Law, 13 hrs.

Faculty of Law and Economics, University of Mannheim, Mannheim, Germany

Sep. - Dec. 2017

Foundations of Anglo-American Law, 11 hrs.

Faculty of Law and Economics, University of Mannheim, Mannheim, Germany

Sep. - Dec. 2017

International Investment Law, 2 hrs.

Faculty of Law and Economics, University of Mannheim, Mannheim, Germany

Feb. - Jun. 2017

Foundations of Anglo-American Law, 14 hrs.

Faculty of Law and Economics, University of Mannheim, Mannheim, Germany

Sep. - Dec. 2016

Foundations of Anglo-American Law, 18 hrs.

Faculty of Law and Economics, University of Mannheim, Mannheim, Germany

Feb. - Jun. 2016

Foundations of Anglo-American Law, 14 hrs.

Faculty of Law and Economics, University of Mannheim, Mannheim, Germany

Sep. - Dec. 2015

Foundations of Anglo-American Law, 18 hrs.

Faculty of Law and Economics, University of Mannheim, Mannheim, Germany

Feb. - Jun. 2015

Foundations of Anglo-American Law, 18 hrs.

Faculty of Law and Economics, University of Mannheim, Mannheim, Germany

Sep. - Dec. 2014

Foundations of Anglo-American Law, 18 hrs.

Faculty of Law and Economics, University of Mannheim, Mannheim, Germany

Feb. - Jun. 2014

International Commercial Arbitration, 2 hrs.

Faculty of Law and Economics, University of Mannheim, Mannheim, Germany

Feb. - Jun. 2014

Law of Upstream Petroleum and Natural Gas, 2 hrs.

Faculty of Law and Economics, University of Mannheim, Mannheim, Germany

Nov. 2013

Foundations of Anglo-American Law

The School of Humanities, Social Sciences and Economics, International Hellenic University, Thessaloniki, Greece

Sep. - Dec. 2013

International Commercial Arbitration, 2 hrs.

Faculty of Law and Economics, University of Mannheim, Mannheim, Germany

Feb. - Jun. 2013

International Commercial Arbitration, 2 hrs.

Faculty of Law and Economics, University of Mannheim, Mannheim, Germany

Participation in Conferences at Home and Abroad

Resumed 38th Session, UNCITRAL Working Group III: Investor-State DIspute Settlement Reform, Vienna International Centre, 20.01.2020 - 24.01.2020

Memberships

Miscellaneous

Video Presentations

Presentation:

Energy Charter Treaty - Clean Energy Debate: Appreciating the Legal Complexities (8 July 2020)

Link to presentation

• Description:

Should the Energy Charter Treaty (‘ECT’) be modernised or terminated?

As the contracting parties head into another round of negotiations for the modernisation process, numerous calls have been made in the media for termination. A key premise in the argument leading to that conclusion posits that the ECT will obstruct this energy transition. The reason for this obstruction is that as contracting parties implement the policies needed for the energy transition, they will have to pay out compensation under the ECT to investors in carbon-energy production.

In this video, I critically examine the idea that governments will necessarily accrue legal responsibility under the ECT for transiting to clean-energy economies.

 

 

Presentation:

The Modernisation of the Energy Charter Treaty (22 June 2020)

Link to presentation

• Description: 

No other investment treaty compares to the Energy Charter Treaty (the ‘ECT’).  It has 53 contracting parties, more than any other investment treaty. Further, it has given rise to more than 130 investor-state arbitrations, again, more than any other investment treaty.  Accordingly, when the contracting parties announced in the Bucharest Declaration that the ECT had to be modernised in light of new realities, it was a significant moment in the history of international investment law.

This presentation examines this modernisation process, specifically focusing on the legal questions that will come up in this process.

It begins with the legal mechanics for amending the ECT. The focus then shifts to the 'EU Text Proposal for the Modernisation of the Energy Charter Treaty’ (the ‘Draft Proposal’). First, it looks at the legal validity of the European Commission's attempts to harden the obligations of the Paris Agreement. Second, it compares the concept of legitimate expectations, as outlined in the Draft Proposal, to the jurisprudence on legitimate expectations that has emerged from the many recent ECT investor-Spain arbitrations. Third, the idea that withdrawing a subsidy to an investor by order of a 'competent authority’ could be a defence to a breach of a state's obligations vis-a-vis the treatment of investments is critiqued. It is argued that this idea is incompatible with a basic principle from the law on international responsibility, namely that domestic law should have no legally determinative role in answering the question of a state's international responsibility.

 

Research Featuring in Mass Media:

Standing Up to Investor Misconduct (10 October 2019).

• Source: Radio Regenbogen (link to interview)

• Description: radio interview for the programme 'Campus-Report' on sanctioning investor misconduct under international law and the desirability of an international court for investor-state disputes.

 

'It was hard to look at their faces': MH17 victim's mother welcomes charges (20 June 2019).

• Source: Sydney Morning Herald (link to story)

• Description: advised journalist on the options for seeking to hold Russia to account for the downing of MH17 under international law.

Twitter:

 @M_A_Jarrett