Full Protection and Security in International Investment Law by Sebastián Mantilla Blanco

Author:Sebastián Mantilla Blanco
Language: eng
Format: epub, pdf
ISBN: 9783030248383
Publisher: Springer International Publishing

11.2 ‘Full Protection and Security’ and the Distinction Between Obligations of Conduct and Result

In considering the characterization of the obligation to provide ‘full protection and security’ under more general categories of international law, the present section pays particular attention to the distinction between obligations of conduct (or obligations of means) and obligations of result. The reason is that academic works on the subject have often drawn a link between these dogmatic categories, on the one side, and the notion of due diligence on the other.7 Thus, at least from the outset, the concepts appear to be unavoidably interlocked.

This being said, the use of the expressions ‘obligation of conduct’ and ‘obligation of result’ has not been entirely consistent in international legal literature. This section therefore begins by considering the origins and dogmatic implications of the classification of international obligations under these two general categories. On the basis of these remarks, it then discusses this conceptual divide’s significance for the assessment of the FPS standard.

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