Moral Damages under International Investment Law: The Path Towards Convergence

Author: Dogan Gültutan
Publisher: Kluwer Law International
ISBN: 9789403540252
Published In: November 2021
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

Moral Damages under International Investment Law is a well-timed pioneering book seeking to rectify the unfairness and injustice that flows from the difference in treatment of material and moral damages claims by offering an exhaustive analysis of the underlying rules and principles of international law relating to moral damages claims, intending to consider the appropriateness and possibility of convergence of the various sub-disciplines or branches of international law (e.g., international investment law and international human rights law) to preserve and protect the coherence, uniformity and stability of the international legal order. The much-discussed fragmentation of international law, which most clearly manifests in the stand-alone nature of the investor-state dispute settlement regime, has produced the unfortunate side effect of an intense focus on material damages claims, to the detriment of moral damages claims.

What’s in this book:

The book elucidates the following key issues:

who should be entitled to seek moral damages
the legal test to determining moral damages claims, in respect of both substantive and evidential issues
applicability and scope of the theory of corrective justice in moral damages claims
the victim status of natural persons, corporations, and investors’ employees in investor-state disputes
quantification of moral damages
what the precise nature of the compensation ought to be, and
role of the theory of law and economics in the context of moral damages claims

Decisions of international human rights courts, insofar as concerning moral damages, are scrutinised to evaluate and compare the pertinence of the stance taken by international investment tribunals.

How this will help you:

This trailblazing book furnishes in depth the answer to the vital question of whether and under which circumstances international investment tribunals should have jurisdiction to award moral damages and also the remedies available and the quantification exercise guiding compensation. This analytical book will be highly appreciated by practitioners and academics keen to upgrade their knowledge and understanding of the rules and principles applicable to moral damages claims under international investment law.

List of Abbreviations

Foreword

Preface

Acknowledgements

CHAPTER 1. Introduction

CHAPTER 2. Jurisdiction Rationae Personae over Moral Damages Claims

CHAPTER 3. Jurisdiction Rationae Materiae over Moral Damages Claims

CHAPTER 4. Substantive Elements Required of Moral Damages Claims

CHAPTER 5. Compensation for Moral Harm

CHAPTER 6. Conclusion

Bibliography

Index