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International Investment Law for the 21st CenturyEssays in Honour of Christoph Schreuer$
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Christina Binder, Ursula Kriebaum, August Reinisch, and Stephan Wittich

Print publication date: 2009

Print ISBN-13: 9780199571345

Published to Oxford Scholarship Online: September 2009

DOI: 10.1093/acprof:oso/9780199571345.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 14 October 2019

THE DIPLOMATIC PROTECTION OF FOREIGN INVESTORS: A TALE OF JUDICIAL CAUTION

THE DIPLOMATIC PROTECTION OF FOREIGN INVESTORS: A TALE OF JUDICIAL CAUTION

Chapter:
(p.341) 19 THE DIPLOMATIC PROTECTION OF FOREIGN INVESTORS: A TALE OF JUDICIAL CAUTION
Source:
International Investment Law for the 21st Century
Author(s):

Peter Muchlinski

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199571345.003.0019

This chapter reviews the use of diplomatic protection as a means of vindicating the rights of foreign investors. It is an appropriate time to reconsider the issue as the International Court of Justice (ICJ) will have to determine the current scope of general international legal protection for foreign investors in the continuing Diallo case. In the overwhelming majority of cases, a method other than diplomatic protection will be used to settle investment disputes. Nonetheless, given that cases such as that concerning Diallo can arise from time to time, the ICJ may need to provide some means by which such disputes can be effectively resolved. However, given the sensitive sovereignty issues in such cases, it would be no surprise if the ICJ avoids getting into the details of international investment law and gives a narrow fact-based decision in Diallo without engaging in judicial creativity, preferring to leave the further development of investor protection rights to treaty-based regimes.

Keywords:   diplomatic protection, nationality, international law, Diallo case, investment disputes

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