Interactions Between Investment and Non-investment Obligations

Moshe Hirsch*

*Corresponding author for this work

Research output: Chapter in Book/Report/Conference proceedingChapterpeer-review

25 Scopus citations

Abstract

This article focuses on the interrelationships between inconsistent substantive standards of behaviour prescribed by international investment law and other branches of international law. It addresses questions relating to the impact of non-investment international obligations in the sphere of international investment law. Such questions may arise not only before investment tribunals but also in other international fora, such as the European Court of Human Rights, which has already rendered several decisions regarding foreign investors' rights. The development of regulatory rules that apply to overlapping spheres necessitates striking a balance between the competing rules and aims that lie at the heart of different domains of international law. Consequently, the question of which tribunals will shape the balancing principles may well be of major importance.

Original languageAmerican English
Title of host publicationThe Oxford Handbook of International Investment Law
PublisherOxford University Press
ISBN (Electronic)9780191743757
ISBN (Print)9780199231386
DOIs
StatePublished - 26 Jun 2008

Bibliographical note

Publisher Copyright:
© P Muchlinski, F Ortino, C Schreuer, 2008. All rights reserved.

Keywords

  • Competing rules
  • European court of human rights
  • Foreign investors' rights
  • International investment law
  • Non-investment international obligations
  • Regulatory rules

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