- Table of Cases
- Table of International Treaties and Conventions
- Table of Rules and Resolutions
- Table of Legislation
- List of Contributors
- Policy Issues
- Investment, Investor, Nationality, and Shareholders
- Applicable Law
- Multilateral Investment Rules Revisited
- Interactions Between Investment and Non-investment Obligations
- Trade and Investment
- Admission and Establishment
- Standards of Treatment
- Coverage of Taxation Under Modern Investment Treaties
- Most-Favoured-Nation Treatment
- Emergency Exceptions: State of Necessity and <i>Force Majeure</i>
- Investment Insurance
- State Responsibility and Attribution
- Regulatory Transparency
- Corporate Social Responsibility
- Methods of Dispute Resolution
- Procedural Transparency
- Independence, Impartiality, and Duty of Disclosure of Arbitrators.
- Consent to Arbitration
- Jurisdiction and Admissibility
- The Jurisdictional Threshold of a Prima-Facie Case
- The Relationship between International Tribunals and Domestic Courts
- Parallel Proceedings
- Compensation, Damages, and Valuation
- Review of Awards
- An Appellate System in International Investment Arbitration?
- Compliance and Enforcement
- A Doctrine of Precedent?
- Tribunal's Powers versus Party Autonomy
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.
Moshe Hirsch, Arnold Brecht Professor in European Law, Faculty of Law and Department of International Relations, Hebrew University of Jerusalem.
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