Protection of Property under Human Rights and International Investment Law: A Case-Law Analysis

Eleni Gavriil ()
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Eleni Gavriil: Department of History, Politics and International Studies, Neapolis University Pafos, Pafos 8042, Cyprus

Laws, 2024, vol. 13, issue 1, 1-20

Abstract: The article herein examines the case-law interplay between human rights and international investment law. An example of this interplay is the relation of property rights to protection from expropriation. In this study, a conceptual framework is developed, which represents the various ways of case-law interaction between the two disciplines regarding protection of property. This is achieved by using a cross-reference approach, where it is proven that the two legal fields overlap and share these common principles, albeit with their structural differences. This interplay has various dimensions, and this article aims at analysing them and ultimately illustrating that human rights and international investment law are not independent from each other.

Keywords: human rights; international investment law; European Convention on Human Rights; investor-state arbitration; the right to property; protection from expropriation; the proportionality principle (search for similar items in EconPapers)
JEL-codes: D78 E61 E62 F13 F42 F68 K0 K1 K2 K3 K4 (search for similar items in EconPapers)
Date: 2024
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Persistent link: https://EconPapers.repec.org/RePEc:gam:jlawss:v:13:y:2024:i:1:p:6-:d:1330952

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