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date: 24 February 2021

Abstract and Keywords

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

Moshe Hirsch

Moshe Hirsch, Arnold Brecht Professor in European Law, Faculty of Law and Department of International Relations, Hebrew University of Jerusalem.

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