- Title Pages
- PREFACE
- LIST OF CONTRIBUTORS
- TABLE OF CASES
- TABLE OF TREATIES
- 1 CHRISTOPH SCHREUER: AN APPRECIATION
- 2 A TRIBUTE TO CHRISTOPH SCHREUER
- 3 MOST FAVOURED NATION CLAUSES AND JURISDICTIONAL CLAUSES IN INVESTMENT TREATY ARBITRATION
- 4 MFN CLAUSES AND DISPUTE RESOLUTION IN INVESTMENT TREATIES: HAVE WE REACHED THE END OF THE ROAD?
- 5 INVESTMENTS ‘IN THE TERRITORY’ OF THE HOST STATE
- 6 CONSENT AND DUE PROCESS IN MULTIPARTY INVESTOR-STATE ARBITRATIONS
- 7 JURISDICTION, COMPETENCE, AND ADMISSIBILITY OF CLAIMS IN ICSID ARBITRATION PROCEEDINGS
- 8 BRIDGING THE CONTRACT/TREATY DIVIDE
- 9 MONITORING OF DOMESTIC COURTS IN BIT ARBITRATIONS: A BRIEF INVENTORY OF SOME ISSUES
- 10 ARBITRATOR INDEPENDENCE IN ICSID ARBITRATION
- 11 PROVISIONAL MEASURES IN RECENT ICSID PROCEEDINGS: WHAT PARTIES REQUEST AND WHAT TRIBUNALS ORDER
- 12 INHERENT POWERS OF NATIONAL AND INTERNATIONAL COURTS: THE PRACTICE OF THE IRAN-US CLAIMS TRIBUNAL
- 13 ICSID ANNULMENT DECISIONS: THREE GENERATIONS REVISITED
- 14 THE SCOPE OF ICSID REVIEW: REMARKS ON SELECTED PROBLEMATIC ISSUES OF ICSID DECISIONS
- 15 ON THE DENUNCIATION OF THE ICSID CONVENTION, CONSENT TO ICSID JURISDICTION, AND THE LIMITS OF THE CONTRACT ANALOGY
- 16 DENOUNCING ICSID
- 17 STATE IMMUNITY AND THE ENFORCEMENT OF INVESTOR-STATE ARBITRAL AWARDS
- 18 ENFORCEMENT OF ICSID AWARDS: ARTICLES 53 AND 54 OF THE ICSID CONVENTION
- 19 THE DIPLOMATIC PROTECTION OF FOREIGN INVESTORS: A TALE OF JUDICIAL CAUTION
- 20 CLAIMS OF SHAREHOLDERS IN INTERNATIONAL INVESTMENT LAW
- 21 CHANCELLOR WIRTH AND THE MOLOGALES CONCESSION 1923–1927: THE GERMAN-SPEAKING ORIGINS OF THE 1965 ICSID CONVENTION
- 22 IDENTIFY OR DEFINE? REFLECTIONS ON THE EVOLUTION OF THE CONCEPT OF INVESTMENT IN ICSID PRACTICE
- 23 LOCAL REMEDIES AND THE STANDARDS FOR THE PROTECTION OF FOREIGN INVESTMENT
- 24 PREMATURE TREATY CLAIMS
- 25 DO UMBRELLA CLAUSES APPLY TO UNILATERAL UNDERTAKINGS?
- 26 BIT BY BIT: THE SILENT LIBERALIZATION OF THE CAPITAL ACCOUNT
- 27 THE UNITED STATES 2004 MODEL BILATERAL INVESTMENT TREATY AND DENIAL OF JUSTICE IN INTERNATIONAL LAW
- 28 THE CANADIAN APPROACH TO INVESTMENT PROTECTION: HOW FAR WE HAVE COME!
- 29 CONFLICT OF NORMS STEMMING FROM INTRA-EU BITS AND EU LEGAL OBLIGATIONS: SOME REMARKS ON POSSIBLE SOLUTIONS
- 30 INVESTMENT RULES IN REGIONAL INTEGRATION AGREEMENTS IN LATIN AMERICA: THE CASE OF THE ANDEAN PACT/ANDEAN COMMUNITY
- 31 THE ‘PROVISIONAL APPLICATION’ OF THE ENERGY CHARTER TREATY
- 32 CHANGED CIRCUMSTANCES IN INVESTMENT LAW: INTERFACES BETWEEN THE LAW OF TREATIES AND THE LAW OF STATE RESPONSIBILITY WITH A SPECIAL FOCUS ON THE ARGENTINE CRISIS
- 33 THE ECONOMIC EMERGENCY DEFENCE IN BILATERAL INVESTMENT TREATIES: A DEVELOPMENT PERSPECTIVE
- 34 THE EUROPEAN COURT OF HUMAN RIGHTS AND INVESTMENT PROTECTION
- 35 RECENT CASE LAW ON THE PROTECTION OF PROPERTY IN THE EUROPEAN CONVENTION ON HUMAN RIGHTS
- 36 HARMONIZING INVESTMENT PROTECTION AND INTERNATIONAL HUMAN RIGHTS: FIRST STEPS TOWARDS A METHODOLOGY
- 37 JOINT TORTFEASORS IN INVESTMENT LAW
- 38 INTERPRETING INVESTMENT TREATIES: EXPERIENCES AND EXAMPLES
- 39 COMMERCIAL ARBITRATION AND INVESTMENT ARBITRATION: FERTILE SOIL FOR FALSE FRIENDS?
- 40 CONTINUITY AND DISCONTINUITY IN INTERNATIONAL DISPUTE SETTLEMENT
- 41 CONTEMPORARY LAW OF FOREIGN INVESTMENT: REVISITING THE STATUS OF INTERNATIONAL LAW
- 42 PRECEDENT IN INVESTMENT TREATY ARBITRATION
- 43 THE SAGA OF CMS: RES JUDICATA, PRECEDENT, AND THE LEGITIMACY OF ICSID ARBITRATION
- 44 COMPLIANCE WITH INVESTMENT TREATIES: WHEN ARE STATES MORE LIKELY TO BREACH OR COMPLY WITH INVESTMENT TREATIES?
- 45 HUMAN RIGHTS, CONSTITUTIONALISM, AND ‘PUBLIC REASON’ IN INVESTOR-STATE ARBITRATION
- 46 THE FUTURE OF INVESTMENT ARBITRATION
- BIBLIOGRAPHY
- INDEX
THE EUROPEAN COURT OF HUMAN RIGHTS AND INVESTMENT PROTECTION
- Chapter:
- (p. 636 ) 34 THE EUROPEAN COURT OF HUMAN RIGHTS AND INVESTMENT PROTECTION
- Source:
- International Investment Law for the 21st Century
- Author(s):
Christian Tomuschat
- Publisher:
- Oxford University Press
DOI:10.1093/acprof:oso/9780199571345.003.0034
This chapter considers the option of investors' submitting their claims to human rights bodies. It shows that only the European Court of Human Rights provides an alternative that could seriously be considered. Outside Europe, ICSID remains the only viable procedural mechanism if no other dispute settlement procedure has been agreed upon by the parties.
Keywords: investment disputes, alternative dispute settlement, human rights, human rights, Europe
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- Title Pages
- PREFACE
- LIST OF CONTRIBUTORS
- TABLE OF CASES
- TABLE OF TREATIES
- 1 CHRISTOPH SCHREUER: AN APPRECIATION
- 2 A TRIBUTE TO CHRISTOPH SCHREUER
- 3 MOST FAVOURED NATION CLAUSES AND JURISDICTIONAL CLAUSES IN INVESTMENT TREATY ARBITRATION
- 4 MFN CLAUSES AND DISPUTE RESOLUTION IN INVESTMENT TREATIES: HAVE WE REACHED THE END OF THE ROAD?
- 5 INVESTMENTS ‘IN THE TERRITORY’ OF THE HOST STATE
- 6 CONSENT AND DUE PROCESS IN MULTIPARTY INVESTOR-STATE ARBITRATIONS
- 7 JURISDICTION, COMPETENCE, AND ADMISSIBILITY OF CLAIMS IN ICSID ARBITRATION PROCEEDINGS
- 8 BRIDGING THE CONTRACT/TREATY DIVIDE
- 9 MONITORING OF DOMESTIC COURTS IN BIT ARBITRATIONS: A BRIEF INVENTORY OF SOME ISSUES
- 10 ARBITRATOR INDEPENDENCE IN ICSID ARBITRATION
- 11 PROVISIONAL MEASURES IN RECENT ICSID PROCEEDINGS: WHAT PARTIES REQUEST AND WHAT TRIBUNALS ORDER
- 12 INHERENT POWERS OF NATIONAL AND INTERNATIONAL COURTS: THE PRACTICE OF THE IRAN-US CLAIMS TRIBUNAL
- 13 ICSID ANNULMENT DECISIONS: THREE GENERATIONS REVISITED
- 14 THE SCOPE OF ICSID REVIEW: REMARKS ON SELECTED PROBLEMATIC ISSUES OF ICSID DECISIONS
- 15 ON THE DENUNCIATION OF THE ICSID CONVENTION, CONSENT TO ICSID JURISDICTION, AND THE LIMITS OF THE CONTRACT ANALOGY
- 16 DENOUNCING ICSID
- 17 STATE IMMUNITY AND THE ENFORCEMENT OF INVESTOR-STATE ARBITRAL AWARDS
- 18 ENFORCEMENT OF ICSID AWARDS: ARTICLES 53 AND 54 OF THE ICSID CONVENTION
- 19 THE DIPLOMATIC PROTECTION OF FOREIGN INVESTORS: A TALE OF JUDICIAL CAUTION
- 20 CLAIMS OF SHAREHOLDERS IN INTERNATIONAL INVESTMENT LAW
- 21 CHANCELLOR WIRTH AND THE MOLOGALES CONCESSION 1923–1927: THE GERMAN-SPEAKING ORIGINS OF THE 1965 ICSID CONVENTION
- 22 IDENTIFY OR DEFINE? REFLECTIONS ON THE EVOLUTION OF THE CONCEPT OF INVESTMENT IN ICSID PRACTICE
- 23 LOCAL REMEDIES AND THE STANDARDS FOR THE PROTECTION OF FOREIGN INVESTMENT
- 24 PREMATURE TREATY CLAIMS
- 25 DO UMBRELLA CLAUSES APPLY TO UNILATERAL UNDERTAKINGS?
- 26 BIT BY BIT: THE SILENT LIBERALIZATION OF THE CAPITAL ACCOUNT
- 27 THE UNITED STATES 2004 MODEL BILATERAL INVESTMENT TREATY AND DENIAL OF JUSTICE IN INTERNATIONAL LAW
- 28 THE CANADIAN APPROACH TO INVESTMENT PROTECTION: HOW FAR WE HAVE COME!
- 29 CONFLICT OF NORMS STEMMING FROM INTRA-EU BITS AND EU LEGAL OBLIGATIONS: SOME REMARKS ON POSSIBLE SOLUTIONS
- 30 INVESTMENT RULES IN REGIONAL INTEGRATION AGREEMENTS IN LATIN AMERICA: THE CASE OF THE ANDEAN PACT/ANDEAN COMMUNITY
- 31 THE ‘PROVISIONAL APPLICATION’ OF THE ENERGY CHARTER TREATY
- 32 CHANGED CIRCUMSTANCES IN INVESTMENT LAW: INTERFACES BETWEEN THE LAW OF TREATIES AND THE LAW OF STATE RESPONSIBILITY WITH A SPECIAL FOCUS ON THE ARGENTINE CRISIS
- 33 THE ECONOMIC EMERGENCY DEFENCE IN BILATERAL INVESTMENT TREATIES: A DEVELOPMENT PERSPECTIVE
- 34 THE EUROPEAN COURT OF HUMAN RIGHTS AND INVESTMENT PROTECTION
- 35 RECENT CASE LAW ON THE PROTECTION OF PROPERTY IN THE EUROPEAN CONVENTION ON HUMAN RIGHTS
- 36 HARMONIZING INVESTMENT PROTECTION AND INTERNATIONAL HUMAN RIGHTS: FIRST STEPS TOWARDS A METHODOLOGY
- 37 JOINT TORTFEASORS IN INVESTMENT LAW
- 38 INTERPRETING INVESTMENT TREATIES: EXPERIENCES AND EXAMPLES
- 39 COMMERCIAL ARBITRATION AND INVESTMENT ARBITRATION: FERTILE SOIL FOR FALSE FRIENDS?
- 40 CONTINUITY AND DISCONTINUITY IN INTERNATIONAL DISPUTE SETTLEMENT
- 41 CONTEMPORARY LAW OF FOREIGN INVESTMENT: REVISITING THE STATUS OF INTERNATIONAL LAW
- 42 PRECEDENT IN INVESTMENT TREATY ARBITRATION
- 43 THE SAGA OF CMS: RES JUDICATA, PRECEDENT, AND THE LEGITIMACY OF ICSID ARBITRATION
- 44 COMPLIANCE WITH INVESTMENT TREATIES: WHEN ARE STATES MORE LIKELY TO BREACH OR COMPLY WITH INVESTMENT TREATIES?
- 45 HUMAN RIGHTS, CONSTITUTIONALISM, AND ‘PUBLIC REASON’ IN INVESTOR-STATE ARBITRATION
- 46 THE FUTURE OF INVESTMENT ARBITRATION
- BIBLIOGRAPHY
- INDEX