1 March | Grotius Dialogues
The Dialogue will start with a presentation by Vid Prislan . “Consideration of Non-Investment Obligations in Investment Treaty Arbitration – Devising Techniques”
The present chapter presents a basic framework for the consideration of international non-investment obligations of States (such as those in the field of international environmental law, human rights law of EU law) in investor-State arbitration. It argues that there is more than one avenua for investment tribunals to take into account such "external" rules in deciding such disputes. In the first place the clauses on applicable law which are generally found in investment treaties in principle do not prevent an investment tribunal form considering and applying other rules of international law, even though the tribunal's limited jurisdictional competence bars them from considering claim based on such other rules. In the second and latest resort, however, it is through the process of treaty interpretation that investment tribunals are provided with a sufficient degree of flexibility to be able to take account of obligations arising under other instruments than the investment treaty, without necessary exceeding their jurisdictional limits.
The event will take place on the 1st th of March 2012 at 16.30 Noord room (12 th floor), Campus Den Haag
The Grotius Dialogues is a discussion forum dedicated to the analysis of practical and conceptual issues in contemporary international law. It will allow us to broaden our daily horizons of research and to share our ideas on issues of interests for our community.
Questions about the Dialogues and suggestions for topics should be addressed to: