Kutafin University Law Review


In issue 1 on 2016 year

THE BALANCE BETWEEN HUMAN RIGHTS AND INVESTMENT TREATY OBLIGATIONS IN OIL AND GAS INDUSTRY

DOI: 10.17803/2313-5395.2016.1.5.127-141

Author: Vasily N. Anurov (Russia)

Rubric: LAW AND ECONOMY

Annotation: The need to respect human rights is being invoked by host states as a pretext for excusing violations of investment treaty obligations. In Suez (and others) v. Argentina the arbitral tribunal held that: “Argentina is subject to both international obligations i.e. human rights and treaty obligation [sic], and must respect both of them equally. Under the circumstances of these cases, Argentina’s human rights obligations and its investment treaty obligations are not inconsistent, contradictory, or mutually exclusive”. This statement suggests an idea of proportionality, which should be maintained by a host state when faced with the need to comply with the aforementioned international obligations. This article examines various ways in which arbitrators should consider the interaction between human rights and investment obligations imposed on a host state, with particular reference to investment projects relating to oil and gas industry.


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Keywords: human rights, investment treaty obligations, oil and gas industry, principle of proportionality, concession contracts

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