Chapter

The Relevance of Non-Investment Treaty Obligations in Assessing Compensation

Lahra Liberti

in Human Rights in International Investment Law and Arbitration

Published in print September 2009 | ISBN: 9780199578184
Published online February 2010 | e-ISBN: 9780191722561 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199578184.003.0023

Series: International Economic Law Series

 The Relevance of Non-Investment Treaty Obligations in Assessing Compensation

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This chapter explores whether and to what extent a measure adopted by the State in the furtherance of international obligations other than those provided for in the investment treaty bears any consequences not only in the appreciation of state liability, but also in the determination of the quantum of compensation and in the choice of the method of valuation. The review of ICSID jurisprudence shows considerable shifts in the appreciation of this issue. The chapter consider several cases: Compañia del Desarollo de Santa Elena SA v. Republic of Costa Rica; Siemens v. Argentina; and SPP v. Egypt. The SPP v. Egypt case sets a useful precedent in that it clearly shows how international obligations arising under different areas of international law can be specifically relevant not only in the appreciation of the legal nature of the taking but also in the choice of the method of valuation affecting the quantum of compensation.

Keywords: state liability; ICSID jurisprudence; sole effect doctrine; Compañia del Desarollo de Santa Elena SA v. Republic of Costa Rica; SPP v. Egypt; Siemens v. Argentina

Chapter.  3694 words. 

Subjects: Human Rights and Immigration

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