Human Rights and Investment Law
Recent articles
Ecuadorian plaintiffs withdraw request for protective measures, after sparring with Chevron over need for human rights authorities to intervene
Mar 14, 2012
ANALYSIS: Interim measures granted by Inter-American Commission have featured in several recent investment controversies
Mar 14, 2012
European Court of Human Rights rules on claims by landowners for excessively delayed expropriation payouts in Malta and Poland
Dec 31, 2011
Arbitrators reject Greek investor’s claims that Romanian tax enforcements and food safety inspections breached investment treaty; Romania must bear $4 Million of its legal costs
Dec 15, 2011
Arbitrators decline jurisdiction over Romania’s counter-claim against investor; Counter-claims popping up in other ICSID cases, particularly Ecuadorian oil disputes
Dec 15, 2011
ANALYSIS: Novel human rights arguments are raised in Romania arbitration at ICSID; tribunal views BIT protections as more protective than European rights convention counterparts
Dec 15, 2011
Ecuador bristles at suggestion that its treatment of the media is in breach of international investment treaty and human rights protections
Dec 15, 2011
ANALYSIS: Threatened claim by off-shore investors in newspaper company could stir debate as to whether investment treaties protect “political” expression
Dec 15, 2011
Former ICSID claimant wins human rights case for unlawful detention and asset seizures; court does not delve into misconduct questions that had roiled earlier arbitration
Dec 15, 2011
In ignominious footnote to ICSID case, foreign investor is convicted of crimes against humanity
Nov 2, 2011
Turkey must compensate land-owners affected by its land conservation policies; compensation calculated near time of judgment, not the date of interference
Oct 12, 2011
Human Rights Court find some breaches by Russia in Yukos case, but diverges from earlier BIT arbitration ruling on other points
Sep 20, 2011
Battle over reversed public tender to play out in investment treaty arbitration and before European human rights court
Sep 7, 2011
Libananco v. Turkey postscript: minority shareholders in Uzan electricity companies also saw claims dismissed by European human rights court
Sep 5, 2011
Southern African governments move to rein in international tribunal; passing judgment on Zimbabwe has led to political backlash against SADC tribunal
May 22, 2011
European Human Rights Court dismisses claims against Turkey in Uzan electricity dispute
May 3, 2011
Human Rights Court finds no damage suffered by foreign investors from shares freeze; parallel investment arbitration threatened against Czech Republic
Mar 31, 2011
ANALYSIS: Tribunal in Grand River v. U.S.A. arbitration declines to import non-investment law obligations into NAFTA; role of other “relevant” legal obligations in treaty interpretation under Vienna Convention is not discussed
Mar 6, 2011
Greece ordered to pay 3.7 million (EUR) in compensation for creeping expropriation via measures aimed at protection of endangered sea turtles; court dismisses as conjectural a much larger claim for lost-income
Feb 1, 2011
Human Rights Court holds Hungary in violation of right to private life; Case highlights States’ responsibilities to police environmental effects of business activity
Dec 16, 2010
Facts of failed ICSID arbitration claim give rise to ruling in human rights court; ‘veil-piercing’ of closely-held company is permitted
Nov 25, 2010
Human Rights Court finds no violation of France’s duty to protect operations of UK company operating via English Channel tunnel
Nov 25, 2010
Briefly Noted: UN Advisor seeks public input on principles for business and human rights
Nov 25, 2010
Discontinuance of bilateral investment treaty claim leave some questions unresolved for South Africa; future shape of BIT program still up in the air
Aug 28, 2010
Argentina liable for denying fair and equitable treatment to Suez-led consortia of foreign investors in Buenos Aires and Santa Fe water concessions
Aug 5, 2010
Suez Analysis Part 1: Majority sets out view of fair and equitable treatment and Argentina’s ability to meet human rights law obligations in water disputes
Aug 5, 2010
Suez Analysis Part 2: Judge Nikken assails reading of fair and equitable treatment in light of investor’s expectations and signals that states don’t impliedly waive their regulatory powers
Aug 5, 2010
South Africa mining arbitration ends with a whimper, as terms of discontinuance are set down in award
Aug 5, 2010
Chevron decision analysis: tribunal steps into Ecuadorian judicial robes to resolve underlying dispute
May 7, 2010
Romania’s compliance with human rights ruling is studied, as other claims allege state failure to screen impact of industrial activity
May 7, 2010
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