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

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  • Eleni Gavriil

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

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.

Suggested Citation

  • Eleni Gavriil, 2024. "Protection of Property under Human Rights and International Investment Law: A Case-Law Analysis," Laws, MDPI, vol. 13(1), pages 1-20, February.
    • Handle: RePEc:gam:jlawss:v:13:y:2024:i:1:p:6-:d:1330952
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    References listed on IDEAS

    as
    1. Salacuse, Jeswald W., 2015. "The Law of Investment Treaties," OUP Catalogue, Oxford University Press, edition 2, number 9780198703976, Decembrie.
    2. Caroline Henckels, 2012. "Indirect Expropriation and the Right to Regulate: Revisiting Proportionality Analysis and the Standard of Review in Investor-State Arbitration," Journal of International Economic Law, Oxford University Press, vol. 15(1), pages 223-255, March.
    Full references (including those not matched with items on IDEAS)

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