BITs: Turning Shields into Swords?. 23 April 2012. Leiden University, Lorentz Room, Leiden. Professor A. Claire Cutler. Public lecture on the occasion of the launch of the Morris Tabaksblat Visiting Chair on Private Actors and Globalisation.
Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.
23 April 2012
Leiden University, Lorentz Room, Leiden
Public lecture on the occasion of the launch of the Morris Tabaksblat Visiting Chair on Private Actors and Globalisation
Grundnorms for International Contracting
BITs/IIAs and the Advancement of Human Rights
Water an essential interest
‘Argentina and the amicus curiae submissions received by the Tribunal suggest that Argentina’s human rights obligations to assure its population the right to water somehow trumps its obligations under the BITs and that the existence of the human right to water also implicitly gives Argentina the authority to take actions in disregard of its BIT obligations. The Tribunal does not find a basis for such a conclusion either in the BITs or international law.Argentina is subject to both international obligations, i.e. human rights and treaty obligation, 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. Thus, as discussed above, Argentina could have respected both types of obligations’. (para. 262)
Right to Water
Defence of necessity