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Human Rights in International Investment Law and Arbitration$
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Pierre-Marie Dupuy, Ernst-Ulrich Petersmann, and Francesco Francioni

Print publication date: 2009

Print ISBN-13: 9780199578184

Published to Oxford Scholarship Online: February 2010

DOI: 10.1093/acprof:oso/9780199578184.001.0001

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The Relevance of Non-Investment Treaty Obligations in Assessing Compensation

The Relevance of Non-Investment Treaty Obligations in Assessing Compensation

Chapter:
(p.557) 23 The Relevance of Non-Investment Treaty Obligations in Assessing Compensation
Source:
Human Rights in International Investment Law and Arbitration
Author(s):

Lahra Liberti

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199578184.003.0023

This chapter explores whether and to what extent a measure adopted by the State in the furtherance of international obligations other than those provided for in the investment treaty bears any consequences not only in the appreciation of state liability, but also in the determination of the quantum of compensation and in the choice of the method of valuation. The review of ICSID jurisprudence shows considerable shifts in the appreciation of this issue. The chapter consider several cases: Compañia del Desarollo de Santa Elena SA v. Republic of Costa Rica; Siemens v. Argentina; and SPP v. Egypt. The SPP v. Egypt case sets a useful precedent in that it clearly shows how international obligations arising under different areas of international law can be specifically relevant not only in the appreciation of the legal nature of the taking but also in the choice of the method of valuation affecting the quantum of compensation.

Keywords:   state liability, ICSID jurisprudence, sole effect doctrine, Compañia del Desarollo de Santa Elena SA v. Republic of Costa Rica, SPP v. Egypt, Siemens v. Argentina

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