Is the European Court of Human Rights an Alternative to Investor-State Arbitration?
Article from: TDM 1 (2009), in Human Rights
Introduction
In 1986 the European Court of Human Rights (ECtHR) for the first time decided a case concerning an interference with property rights of a foreigner ( Agosi v. United Kingdom ).[1] Yet, it was only in the new millennium that cases of foreign investors containing facts typical for investment arbitration have been decided by the European Court of Human Rights.[2] In a few cases investors opted for parallel proceedings before arbitral tribunals and the European Court of Human Rights.[3] Therefore the question arises: are the international mechanisms for the protection of human ...