Article

Interactions Between Investment and Non-investment Obligations

Moshe Hirsch

in The Oxford Handbook of International Investment Law

Published in print June 2008 | ISBN: 9780199231386
Published online September 2012 | | DOI: http://dx.doi.org/10.1093/oxfordhb/9780199231386.013.0005

Series: Oxford Handbooks in Law

 Interactions Between Investment and Non-investment Obligations

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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.

Keywords: international investment law; non-investment international obligations; European Court of Human Rights; foreign investors' rights; regulatory rules; competing rules

Article.  12943 words. 

Subjects: Law ; International Law

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