Moral Damages Under International Investment Law

Abstract

This book addresses the neglect of moral damages in investor-state arbitration amid the fragmentation of international law. It argues for greater coherence by examining whether international investment tribunals should award moral damages, drawing comparisons with international human rights jurisprudence. The author explores key issues: who may claim moral damages, applicable legal tests, evidentiary standards, victim status (including corporations and employees), quantification methods, and the roles of corrective justice and law-and-economics theory. As the first comprehensive study on moral damages in investment arbitration, it offers valuable insights for practitioners and scholars seeking to align subfields of international law and restore fairness in dispute resolution.

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