State Responsibility for the Ptotection of Property Rights and Investments During Armed Conflicts and Internal Disturbances

The research focuses on the overview of situations when the violation of property of rights takes place during armed conflicts and internal strife. The first part is the analysis of European Court of Human Rights jurisdiction in case of violation article 1 of Conventions Protocol I. The author evaluates test which was developed due to case law on the level of state responsibility for violation of property rights took place. The test had been compared to argumentation of the Court in the cases where state violated the conventional right during armed conflicts or internal strife. In the second part of the research the author examines cases in which the state is responsible for violation of the clause of full protection and safeness of investments during emergency situations. As a result of the analysis of arbitration tribunal case law the new test had been developed. It can be used for evaluation of the responsibility level of states for the armed forces action and for the third party processor actions. Both tests had been compared to each other to learn which one has the higher standard of responsibility. The author comes to the conclusion that arbitration tribunal standard of responsibility is higher because we need more evidence to prove that the state could use another measures. As for the European Court of Human Rights only one point of the test (which by the way doesn’t take into account complexity of the situation) is enough. In addition the author analyzes test which is used for holding responsibility on the batable ground.