Abstract

Among Russia's measures to retaliate Western economic sanctions, Russia's recent investment exit restrictions against investors of "unfriendly states" significantly undermines the chance of exiting Russia with proper recovery. The author argues that measures undertaken by Russia violate the obligation of the MFN treatment under relevant Bilateral Investment Treaties ("BIT"), while it is early to determine whether Russia's measure constitutes an unlawful indirect expropriation. On the other hand, Russia may not escape its liability invoking national security exception under the customary ...