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  • Author or Editor: Isabella Risini x
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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.

In: Investments in Conflict Zones
Between Collective Enforcement of Human Rights and International Dispute Settlement
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The Inter-State Application under the European Convention on Human Rights provides the first comprehensive monograph about the State-to-State human rights enforcement mechanism. The functions of the mechanism include also dispute settlement aspects, which are related to the compulsory jurisdiction of the Strasbourg Court. The study provides a full account of the development of the Inter-State Application under Article 33 ECHR and puts its case law in the relevant historical and institutional context. The analysis concludes with detailed reform considerations which are situated within the discussion about the role of the European Court of Human Rights. The focus lies on the possibility to address and improve systemic human rights deficits beyond the single case. The Court’s growing inter-State docket evidences the need for legal certainty.

See inside the book.
In: The Inter-State Application under the European Convention on Human Rights