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Opened: Sunday, 16 February 2025, 12:00 AM

Case-study analysis.

Arbitral practice shows that in cases of conflict between investment protection and human rights tribunals have been using the proportionality principle to balance investment protection and human rights. However, tribunals have not applied the proportionality principle in the same fashion. You will be divided into 2 groups. The first group will read the award of the case Tecmed v Mexico (https://www.italaw.com/sites/default/files/case-documents/ita0854.pdf).

The second group will read the award of the case Azurix v Argentina (https://www.italaw.com/sites/default/files/case-documents/ita0061.pdf).

After reading the award, you will answer the following questions and upload your word document into moodle (up to 250-300 words).

  1. how arbitrators used the proportionality principle in the specific cases?
  2. why did they use proportionality?
  3. how can the principle of proportionality balance IIL and answer to the criticism faced by the field?