The Legal Consequences of a Violation: Reparation/Just Satisfaction/Damages by Human Rights Bodies and Investment Tribunals

Abstract

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.