DISENTANGLING HUMAN RIGHTS AND INVESTORS’ RIGHTS IN INTERNATIONAL ADJUDICATION: THE LEGACY OF THE YUKOS CASES

International adjudication arising from the purportedly expropriation of Yukos has generated several and contentious legal questions. This article examines, in particular, the relation between international human rights law and the foreign investment regime. Despite the ‘fork-in-the-road’ provisions, shareholders sought the protection accorded under the Energy Charter Treaty (ECT) before the Permanent Court of Arbitration (PCA) as well as under the European Convention of Human Rights before the European Court of Human Rights (ECtHR). Special attention is devoted to the intersection between human rights and investor protection regime regarding shareholders and corporations. The article further discusses fragmentation in contemporary adjudication and the articulation of judicial dialogue between international courts and tribunals and their domestic counterparts in light of Yukos awards, the recent Russian Constitutional Court’s decision on the enforcement of ECtHR judgments and the Hague District Court’s ruling setting aside the PCA awards. Finally, the article outlines the possible implications of Yukos cases for the future.