The relevance of non-investment treaty obligations in the assessment of compensation
Article from: TDM 6 (2007), in Compensation and Damages in International Investment Arbitration
Introduction
The question I would like to address is whether and to what extent international obligations other than those provided for in investment treaties have any role to play in investment disputes between States and investors, having particular regard to the assessment of compensation. To put it differently: does a measure adopted by the State in the furtherance of an international obligation bear any consequences not only as regards the appreciation of State liability, but also as regards the determination of the quantum of compensation and the choice of the method of ...