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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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HARMONIZING INVESTMENT PROTECTION AND INTERNATIONAL HUMAN RIGHTS: FIRST STEPS TOWARDS A METHODOLOGY

HARMONIZING INVESTMENT PROTECTION AND INTERNATIONAL HUMAN RIGHTS: FIRST STEPS TOWARDS A METHODOLOGY

Chapter:
(p.678) 36 HARMONIZING INVESTMENT PROTECTION AND INTERNATIONAL HUMAN RIGHTS: FIRST STEPS TOWARDS A METHODOLOGY
Source:
International Investment Law for the 21st Century
Author(s):

Bruno Simma

Theodore Kill

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199571345.003.0036

Under customary principles of treaty interpretation, tribunals routinely resort to rules of international law whose normative validity is grounded in a source outside of the treaty that is the subject of interpretation. Rules fitting this description are referred to as ‘external rules’ in relation to the treaty being interpreted. This chapter explores the possibility that investment tribunals may take international human rights law into account as such external rules when interpreting the treaties upon which investor claims are based. Section B discusses the practice of the International Court of Justice (ICJ) in looking to external rules of international law as interpretative aids. Section C examines Article 31, paragraph 3, sub-paragraph c (Article 31(3)(c)) of the 1969 Vienna Convention on the Law of Treaties. Section D briefly sets out the ways in which international human rights law can inform the interpretation of BITs, based on our analysis of ICJ case law and Article 31(3)(c).

Keywords:   investment treaties, International Court of Justice, Vienna Convention, Article 31(3)(c), human rights, international investment law

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