عنوان مقاله [English]
The protection of investors in customary international law has beenaddressed in the context of state responsibility for the treatment of aliens.State interference with the property of aliens used to be exclusively in theform of expropriation, with responsibility for expropriation invoked in aninter-state level through the mechanism of diplomatic protection. In recentdecades, international investment law has obtained a significant position and,with the emergence of investment treaties, foreign investors enjoy directaccess to arbitration to invoke the responsibility of host states for breachingthe standards of protection provided in these treaties. Consequently, stateresponsibility for prejudicing the rights of foreign investors can also beinvoked in cases other than expropriation. The invoking of stateresponsibility by foreign investors, coupled with the nature of rights ofinvestors in investment treaties, gives state responsibility for breach ofstandards of investment protection the peculiar characteristic of excludingthe general rules of state responsibility in international law. This, then,would entail the application of a sub-system of state responsibility created byinvestment treaties.KeywordsInternational investment law, State responsibility, Treatment of aliens,Diplomatic protection, Investment treaties.