SOCIAL MEDIA PLATFORMS AS EXPROPRIATED INVESTORS
Keywords:
Key words: social media platforms, personal data, infraction of the rights, expropriation, investor, host state.Abstract
It is no secret that in recent years the influence of social networks on people's lives has increased significantly. In the process, social networks with millions of users managed to collect a large amount of personal data on their servers. Refusal to share users' personal information has led social media platforms to suspend their activities in some countries. In this case, it is a scientific problem to determine whether there is a fact of violation of the rights of social media platforms as investors. This essay aims to analyze the infraction of the rights of social media platforms as investors, the expropriation of their property, the measures taken by host states against them.
References
Vivek Sharma & Shreya Jha, “Social Media platforms as expropriated investors. Reviewing state measures from the perspective of international investment law”, Völkerrechtsblog, 3 December 2019, doi: 10.17176/20191203-180702-0.
LinkedIn blocked by Russian authorities, British Broadcasting Corporation (Nov. 17, 2016), https://www.bbc.com/news/technology-38014501.
Marc Bennetts, Facebook and Twitter could be blocked in Russia
in data storage row, The Guardian (Apr. 17, 2019), https://www.theguardian.com/world/2019/apr/17/facebook-and-twitter-face-russian-sanctions-in-data-storage-row.
Max Fisher, Sri Lanka blocks Social Media, Fearing More Violence, The New York Times (Apr. 21, 2019), https://www.nytimes.com/2019/04/21/world/asia/sri-lanka-social-media.html.
India considering blocking Facebook, WhatsApp, New York Post (Aug. 7, 2018), https://nypost.com/2018/08/07/india-considering-blocking-facebook-whatsapp/.
Germany: The Act to Improve Enforcement of the Law in Social Networks, Article 19 (Aug. 2017), https://www.article19.org/wp-content/uploads/2017/09/170901-Legal-Analysis-German-NetzDG-Act.pdf [‘Article 19’].
ICSID Case No. ARB/06/5
Global Freedom of Expression | Cengiz v. Turkey - Global Freedom of Expression https://globalfreedomofexpression.columbia.edu/cases/cengiz-v-turkey/
Christoph Schreuer & Rudolf Dolzer, Principles of International Investment Law 98 (2008).
UNCTAD Series on Issues in International Investment Agreements II, United Nations Conference on Trade and Development 8 (2012), https://unctad.org/en/Docs/unctaddiaeia2011d7_en.pdf [‘UNCTAD’].