International Trade and Investment Law: OG Case Study Analysis

This report analyzes the legal aspects of international trade and investment law, focusing on the 'OG' case study. The report discusses the role of the International Centre for Settlement of Investment Disputes (ICSID), the legal implications of permit renewals, and the concept of compulsory land acquisition. It also examines environmental considerations and the protection of investments. The analysis highlights the government's role in the case, specifically its actions regarding environmental protection and the implications of a revoked permit. The report concludes by assessing the potential for arbitration under the ICSID and the relevance of the Bilateral Investment Treaty (BIT) in protecting the interests of Oil and Gas PLC, despite its shortcomings in environmental considerations. References to relevant literature are also included to support the arguments made in the report.

Running head: INTERNATIONAL TRADE AND INVESTMENT LAW
INTERNATIONAL TRADE AND INVESTMENT LAW
Name of the Student
Name of the University
Authors note

1INTERNATIONAL TRADE AND INVESTMENT LAW
 Jurisdiction and Arbitration
OG has the power to complain to the International Centre for Settlement of Investment
Disputes. (ICSID)
 Legality of Permit
The administrative procedure by the government of Whiteland to renew the permit under
Legal Decree N********89 was overthrown by the concerned Ministry. This decision was
upheld thrice by the court of law.
 Compulsory acquisition of land.
This refers to the right of a state to acquire private interests in a parcel of land without
having the consent of the occupants for the good of the public(Subedi 2016).
 Environmental Considerations
This refers to guidelines that stipulate protection and conservation of various
environmental aspects such as air, water and soils.
 Full Protection and Security
This is an assurance to the investor by the state to desist from acts that damage the
property of the investor and a bid to galvanize the investment from harm
Analysis
 After having exhausted local remedies, there was a need to involve ICSID as an
arbitrator.
 Despite the demonstrations over forceful resettlements, the government is
protected in its move to acquire the oilfield for oil exploration.
 There is a likelihood of flouted environmental pollution and conservation policies
as seen through the demonstration that was staged(Cameron 2017).

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 The state failed in protecting OG against the destruction of their investment as the
Ministry, which is part of the state overthrew the permit.
 Oil and Gas PLC despite having their legal shortfalls as far as environmental
considerations are concerned; it still is legible for pursuing arbitration by the
ICSID on the ground that several clauses on the BIT were flouted.

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References
Cameron, P., 2017. International energy investment law: the pursuit of stability. OUP Catalogue.
Subedi, S.P., 2016. International investment law: reconciling policy and principle. Bloomsbury
Publishing.