Conflict of Treaties, Interpretation, and Decision-Making on Human Rights and Investment During Economic Crises
Article from: TDM 1 (2013), in Human Rights
Abstract
This article explores the problem of human rights compliance amid the host State's investment obligations during economic emergencies. It focuses on the narrow problematique of achieving compliance with the "minimum core obligation" under the International Covenant on Economic, Social, and Cultural Rights (ICESCR) despite the simultaneous pendency of the investment treaty obligation of a host State to provide compensation to investors for breaches of expropriation and non-expropriation provisions in an investment treaty. Part I (ICESCR Applicability in Economic Emergencies) ...