<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>International investment law protects investors from unlawful expropriation of investments by the host state. This article focuses on the problems of protection of investors against such unlawful actions by the state and the possible application of the right to property which is established in the European Convention on Human Rights as the possible defence mechanism. The purpose of this study is to assess whether, in cases of expropriation of investments, investors may effectively defend before the national tribunals relying on Article 1 of the Protocol 1 of the European Convention on Human Rights. The authors analyse complicated questions related to this problem, namely, whether investment shall be full under the notion of “property” under the said international convention, what kind of protection may be provided in case of expropriation of investment in the European Union Member States and how investors shall be compensated against the violation of their right to property in such cases. The authors use comparative, systematic analysis of deductive methods for the assessment of the relevant sources and formulation of the conclusions and proposals. The authors found that though the right to property under the European Convention on Human Rights protects foreign investments against expropriation, one of the most problematic issues related to the application of the right to property under this act in investment disputes is the question of fair compensation to investors.</p>
</abstract>

International investment law protects investors from unlawful expropriation of investments by the host state. This article focuses on the problems of protection of investors against such unlawful actions by the state and the possible application of the right to property which is established in the European Convention on Human Rights as the possible defence mechanism. The purpose of this study is to assess whether, in cases of expropriation of investments, investors may effectively defend before the national tribunals relying on Article 1 of the Protocol 1 of the European Convention on Human Rights. The authors analyse complicated questions related to this problem, namely, whether investment shall be full under the notion of “property” under the said international convention, what kind of protection may be provided in case of expropriation of investment in the European Union Member States and how investors shall be compensated against the violation of their right to property in such cases. The authors use comparative, systematic analysis of deductive methods for the assessment of the relevant sources and formulation of the conclusions and proposals. The authors found that though the right to property under the European Convention on Human Rights protects foreign investments against expropriation, one of the most problematic issues related to the application of the right to property under this act in investment disputes is the question of fair compensation to investors.

Protection against expropriation of investments under the European Convention on human rights

Socrates. Rīga Stradiņš University Faculty of Law Electronic Scientific Journal of Law.

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

International investment law protects investors from unlawful expropriation of investments by the host state. This article focuses on the problems of...

Protection against expropriation of investments under the European Convention on human rights

Article Category: Research Article

Online veröffentlicht: 31. Mai 2023

Seitenbereich: 35 - 41

DOI: https://doi.org/10.25143/socr.25.2023.1.35-41

Schlüsselwörter
international investment law, right to property, expropriation

© 2023 Dalia Višinskytė et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Protection against expropriation of investments under the European Convention on human rights

Article Category: Research Article

Online veröffentlicht: 31. Mai 2023

Seitenbereich: 35 - 41

DOI: https://doi.org/10.25143/socr.25.2023.1.35-41

Schlüsselwörterinternational investment law, right to property, expropriation

© 2023 Dalia Višinskytė et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Schlüsselwörter
international investment law, right to property, expropriation