Javier García Olmedo
About/Bio
Javier García Olmedo is a Postdoctoral Researcher at the University of Luxembourg. He also teaches investment treaty law and arbitration on the distance learning LLM programme of Queen Mary University of London. Previously, he was a Research Fellow at the Max Planck Institute Luxembourg and worked as an associate at Foley Hoag and Hogan Lovells, where he represented sovereign States and commercial entities in arbitration proceedings governed by the ICSID, PCA, UNCITRAL, and ICC rules. His main research focuses on the changing role of nationality in international law, with a focus on the practice of nationality planning in international investment law. His research also examines areas of interactions and linkages between international trade, investment, and tax policies.
Recently Published
Dual Nationals in Investment Treaty Arbitration: An Emerging Field of Inconsistent Decisions
July 27, 2023
Javier García Olmedo
Introduction Nationality is a crucial marker for protection in international investment law. Only investors that qualify as nationals of a contracting party can access investment treaties. Most investment treaties, however, are premised on broad provisions defining eligible nationals. With respect to individuals, these instruments typically define protected investors as physical persons who hold the nationality…
A Little Threat from My Friends: An EU-based Company Contemplates Taking War-Torn Ukraine to Investment Arbitration
On 18 August 2022, the Bureau of Economic Security of Ukraine (ESBU) seized the assets of one of Ukraine’s largest fuel retailers, AMIC Ukraine, the local subsidiary of AMIC Energy, an Austrian private equity firm. The Ukrainian authorities acted on charges of tax fraud, money laundering, and – above all – the company’s alleged connection…
Nottebohm Under Attack (Again): Is it Time for Reconciliation?
December 10, 2021
Javier García Olmedo
Introduction The Nottebohm judgment has recently come under attack in the context of the European Commission’s position on investment by citizenship (CBI) schemes, also known as “golden passport” programmes. These schemes allow individuals to obtain a second citizenship in a host country in exchange for financial investments or even just a flat fee. On 20…
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Popular articles by Javier García Olmedo
Nottebohm Under Attack (Again): Is it Time for Reconciliation?
December 10, 2021
Javier García Olmedo
Introduction The Nottebohm judgment has recently come under attack in the context of the European Commission’s position on investment by citizenship (CBI) schemes, also known as “golden passport” programmes. These schemes allow individuals to obtain a second citizenship in a host country in exchange for financial investments or even just a flat fee. On 20…
Dual Nationals in Investment Treaty Arbitration: An Emerging Field of Inconsistent Decisions
July 27, 2023
Javier García Olmedo
Introduction Nationality is a crucial marker for protection in international investment law. Only investors that qualify as nationals of a contracting party can access investment treaties. Most investment treaties, however, are premised on broad provisions defining eligible nationals. With respect to individuals, these instruments typically define protected investors as physical persons who hold the nationality…
A Little Threat from My Friends: An EU-based Company Contemplates Taking War-Torn Ukraine to Investment Arbitration
On 18 August 2022, the Bureau of Economic Security of Ukraine (ESBU) seized the assets of one of Ukraine’s largest fuel retailers, AMIC Ukraine, the local subsidiary of AMIC Energy, an Austrian private equity firm. The Ukrainian authorities acted on charges of tax fraud, money laundering, and – above all – the company’s alleged connection…