Moral Damages Left in Limbo

Abstract

In this article, the author highlights the marginal role of moral damages in international investment law. He emphasizes that the role of these damages is vaguely defined, which prevents arbitral tribunals from awarding them in most cases. The first part of the article defines the concept of moral damages and examines its status in public international law. This is followed by a jurisprudential analysis that reveals unsettled issues and controversial aspects surrounding this type of damages. The author concludes that borrowing concepts from other fields of international law, such as the approach taken by human rights tribunals, can clarify the status of moral damages in international investment law.

Keywords: international investment law, public international law, human rights tribunal, moral damages, investment law, arbitral tribunal, arbitration