Session 5: Conclusion (Session One & Two)
Article from: TDM 4 (2005), in BIICL Investment Treaty Forum Conference
I think it has been very interesting to see the two camps, and different people intervening on two sides of those camps. Perhaps call them, rather than the Capulets and the Montagues, the separatists and the unionists, to adopt an approach from Northern Ireland. The separatists, it appears, plead for a clear distinction between the treatment of contractual rights and treaty rights. Whilst one may affect the other the source of the right is different and the substance of the right is different and governed by different law - the cause of action approach, if you like. We saw this ...