Part X The Protection of Individuals and Groups, 28 The International Minimum Standard: Persons and Property

Subject(s):

Responsibility of individuals — Diplomatic protection — Nationality of individuals — Aliens, treatment — BITs (Bilateral Investment Treaties)

This chapter argues that the law which has developed under the rubric of diplomatic protection is now affected by the jurisprudence of tribunals sitting under bilateral and multilateral investment treaties. It considers two discrete streams of authority – one based on the practice and jurisprudence of diplomatic protection, the other based on the generic standards in over 2,500 bilateral investment treaties, as applied in some 300 reported or unreported tribunal decisions. The discussions cover the admission, expulsion, and liabilities of aliens; requirements for and standards of diplomatic protection; and breach and annulment of state contracts.