Book contents
- The Changing Character of International Dispute Settlement
- The Changing Character of International Dispute Settlement
- Copyright page
- Contents
- Contributors
- Foreword
- Acknowledgements
- Table of Cases
- Table of International Instruments
- Table of Legislation
- Abbreviations
- Introduction
- Part I Recent Trends and Cross-Cutting Issues in International Dispute Settlement
- 1 The Obligation of Peaceful Settlement of International Disputes
- 2 Parallel Proceedings Concerning Investment and Human Rights Claims
- 3 The Mosaic of International Dispute Settlement
- 4 Binding Advisory Opinions
- Part II Effectiveness, Authority, and Legitimacy of the Current System of International Dispute Settlement and Possible Reforms
- Part III New Opportunities and the Future of International Dispute Settlement
- Index
2 - Parallel Proceedings Concerning Investment and Human Rights Claims
from Part I - Recent Trends and Cross-Cutting Issues in International Dispute Settlement
Published online by Cambridge University Press: 14 December 2023
- The Changing Character of International Dispute Settlement
- The Changing Character of International Dispute Settlement
- Copyright page
- Contents
- Contributors
- Foreword
- Acknowledgements
- Table of Cases
- Table of International Instruments
- Table of Legislation
- Abbreviations
- Introduction
- Part I Recent Trends and Cross-Cutting Issues in International Dispute Settlement
- 1 The Obligation of Peaceful Settlement of International Disputes
- 2 Parallel Proceedings Concerning Investment and Human Rights Claims
- 3 The Mosaic of International Dispute Settlement
- 4 Binding Advisory Opinions
- Part II Effectiveness, Authority, and Legitimacy of the Current System of International Dispute Settlement and Possible Reforms
- Part III New Opportunities and the Future of International Dispute Settlement
- Index
Summary
In this chapter, Tarcisio Gazzini and Alessandra Pietrobon focus on parallel proceedings in investment and human rights claims. This chapter examines how tribunals co-ordinate the exercise of their jurisdictions, how they should deal with the merits (including applicable law and issues of interpretation), and how they should avoid double recovery. The complex disputes related to Yukos are discussed with a view to formulating some tentative recommendations on how to manage parallel proceedings before the European Court of Human Rights and investment arbitral tribunals.
- Type
- Chapter
- Information
- The Changing Character of International Dispute SettlementChallenges and Prospects, pp. 45 - 75Publisher: Cambridge University PressPrint publication year: 2023