Authors: Marek Vojtaššák
Addresses: Financial Risk and Collateral Management Division, Banque centrale du Luxembourg, 2, Boulevard Royal L-2983, Luxembourg
Abstract: The protection of shareholder rights of a national of a third state turns out to be very burdensome if based on the universal international organisations' framework of protection of human rights, such as International Covenant on Civil and Political Rights or African Charter on Human and Peoples' Rights. The mentioned protection would need to be exercised via diplomatic protection and based on the core principles of human rights, such as protection against arbitrary expulsion, arrest or confiscation of property. As development of lex specialis regimes, such as investment treaties, did not inspire International Court of Justice to recognise their influence in the customary international law, we can expect, paradoxically, even stronger development of these lex specialis regimes. Indeed, any state that wishes to develop foreign investments should seriously consider a signature of bilateral treaty before it fully launches cooperation in the field of commerce with any other third state.
Keywords: International Court of Justice; shareholder rights; diplomatic protection; arrest; expulsion; customary international law; lex specialis; foreign investment; investment treaties; human rights protection; bilateral treaties; commercial cooperation; Diallo Ahmadou Sadio; Guinea; DRC; Democratic Republic of the Congo.
International Journal of Human Rights and Constitutional Studies, 2013 Vol.1 No.4, pp.386 - 395
Received: 08 May 2021
Accepted: 12 May 2021
Published online: 22 Oct 2013 *