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The Foundations of International Investment LawBringing Theory into Practice$
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Zachary Douglas, Joost Pauwelyn, and Jorge E. Viñuales

Print publication date: 2014

Print ISBN-13: 9780199685387

Published to Oxford Scholarship Online: August 2014

DOI: 10.1093/acprof:oso/9780199685387.001.0001

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The Nature of Investment Disciplines

The Nature of Investment Disciplines

Chapter:
(p.44) (p.45) 2 The Nature of Investment Disciplines
Source:
The Foundations of International Investment Law
Author(s):

Ursula Kriebaum

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199685387.003.0003

This chapter compares and contrasts the three principal international regimes for the protection of property rights: diplomatic protection, investment law, and human rights law. It examines their sources of law, the beneficiaries and parties, access to dispute settlement, and enforceability. The differences between the regimes are sometimes profound. In diplomatic protection and human rights law, for instance, international courts and tribunals have adopted the basic contours of the rights pertaining to the ownership of shares as it exists in domestic law, such that a shareholder cannot bring a claim for the diminution of the value of its shares save in exceptional circumstances. This approach has not been followed in investment treaty arbitration, where such claims are routinely accepted as admissible. Nationality plays an important role for the jurisdiction of the tribunal or the admissibility of claims in the context of investment law and diplomatic protection but not in human rights law. These differences illustrate how much care must attend the transplantation of solutions found in diplomatic protection and human rights law into investment law.

Keywords:   international law, property law, property rights, diplomatic protection, investment law, human rights law, dispute settlement, enforceability

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