Chapter 9 The Substantive and Procedural Protection of Investments under Article 1 Protocol 1 to the ECHR and Its Value in Cases of Territorial Conflicts
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Abstract
The contribution assesses how investments are protected under article 1 of Protocol no 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms (echr, the Convention) in the specific context of territorial conflicts. It is safe to say that the drafters of the Convention in 1950 and the Protocol in 1952 did not intend to provide an avenue for corporate entities to protect their investments as an alternative to the calamities of the minimum standard under customary international law and its deficient enforcement via diplomatic protection. Today, individuals and private corporations nevertheless seek redress for violations of their investment-related rights under article 1 of Protocol no 1 before the European Court of Human Rights. Outside of territorial conflicts, the Yukos v Russia case has been a prominent example in this respect. On 1 January 2020, 15% of the individual applications under article 34 of the echr pending before the European Court of Human Rights referred to a territorial conflict. The contribution addresses the substantive scope of investment protection and compares selected procedural limitations under the Convention to those under investment law. This contribution intends to manage expectations towards the protection afforded by the Strasbourg machinery when it comes to investment protection in the context of territorial disputes, especially in the context of the conflict between Ukraine and Russia.