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Abstract

This article analyses how investment tribunals apply attribution standards in their case practice. Attribution standards as applied by investment tribunals will be assessed in two different categories. First, the article will survey how tribunals apply traditional attribution tests, which originally refer to establishing internationally wrongful acts, as defined under Articles 4, 5 and 8 of ARSIWA. Second, the article will examine how attribution tests are applied and defined in so called non-traditional attribution scenarios, such as in the context of establishing the jurisdiction of arbitral tribunals, the applicability of the umbrella clause, certain declarations of the state (right of representation in the field of estoppel), as well as certain issues relevant to decide about the state’s involvement in private contracts in situations of corruption. The article ultimately presents a plea for nuanced application for attribution standards under different attribution scenarios instead of the automatic application of ARSIWA attribution standards.

In: Austrian Review of International and European Law Online
In: Austrian Review of International and European Law Online

Abstract

Climate change affects humanity in many ways, such as rising sea levels, water shortages, agricultural droughts, and the displacement of people. Thus, climate change threatens the enjoyment of human rights. States must therefore put in place effective mitigation and adaptation measures to combat climate change. But since no public budget can finance those transformation efforts, combatting climate change requires large sums of private capital. However, the international community has identified a multi-trillion dollar ‘climate investment gap’. Against this backdrop, the present contribution argues that international human rights obligations call on states to urgently redirect private investment flows into climate mitigation and adaptation measures. The existence of such an obligation and its impact on concrete policy decisions is then illustrated by three practical examples: the announced withdrawal of European states from the Energy Charter Treaty, Austria’s windfall tax on energy profits, and the US Inflation Reduction Act.

In: Austrian Review of International and European Law Online
In: Austrian Review of International and European Law Online

Abstract

The paper discusses human rights implications of economic sanctions against individuals, typically asset freezing. It shows that it is now largely accepted that states (and the EU), when implementing sanctions imposed by other actors (the UN) remain responsible for the compatibility of the implementing measures with human rights and that individuals targeted by sanctions are within their jurisdiction. The paper also demonstrates that economic sanctions against individuals may violate certain procedural rights, mainly the right to be heard and the right to effective remedies. Finally it argues that although sanctions could also interfere with substantive human rights, such as the right to property or the right to privacy, (quasi)judicial bodies have been reluctant to discuss their effects on these rights.

In: Austrian Review of International and European Law Online
In: Austrian Review of International and European Law Online
Free access
In: Austrian Review of International and European Law Online

Abstract

The Introduction to this Special Issue gives an overview of the contributions that were gathered after the Conference ‘International Human Rights and International Economic Law: Interfaces, Challenges, Visions’ that took place in Vienna, in November 2022. The contributions explore the numerous interfaces between International Human Rights Law and International Economic Law which have become particularly evident in present times, among others, due to an increasingly interconnected economy, in light of the climate crisis, and as a consequence of the distortions caused by Russia’s aggression against Ukraine.

Free access
In: Austrian Review of International and European Law Online
Author:

Abstract

Remedies granted by both human rights courts and investment tribunals are generally based on the international law of state responsibility as codified by the International Law Commission (ILC) in 2001. However, some special rules (leges speciales) do exist in the statutes of human rights courts and in a few international investment agreements. Despite the different scopes of protection of the two areas of international law, there are remarkable similarities in judicial practice, yet important differences remain. This article explores to what extent there is already mutual influence in practice and where there is still room for mutual inspiration. It comes to the conclusion that investment tribunals could take more into consideration that victims may suffer damage, in particular non-material damage, by the mere violation of their rights. Conversely, human rights courts could pay closer attention to economic valuation criteria when it comes to the assessment of material damage.

Open Access
In: Austrian Review of International and European Law Online
Author:

Abstract

This contribution addresses the intersection of international human rights law and international economic law in situations where investors can bring claims under both protection systems. It discusses why multiple proceedings concerning one set of facts may be problematic and identifies situations in which duplication may occur. It presents instruments that have been developed at the domestic or international level to prevent this phenomenon. The article analyses the case law of the European Court of Human Rights (ECtHR) as well as of investment arbitral tribunals dealing with parallel or subsequent litigations. The conclusions set out whether the mechanisms used by arbitral tribunals and the ECtHR are adequate to deal with the phenomenon of potential multiple proceedings.

Open Access
In: Austrian Review of International and European Law Online