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Article Vol. 3 No. 5 (2020) PP. 53 - 68

Moral Damages in Investment Treaty Arbitrations: Where we are and where we can go?

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Yash Shiralkar
Government Law College, Mumbai, India
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Abstract

This article seeks to highlight the advancements made in investment treaty arbitrations, specifically dealing with claims for non-material or moral injuries. It looks at the development of claims for moral damages under international law through the 20th century and its foray into the field of investment treaty arbitration. It then establishes in what circumstances a tribunal must be predisposed to consider and consequently grant such moral damages. It also tries to highlight some of the issues plaguing this particular field and how more progress can be made.

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Article
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International Journal of Law Management and Humanities, Volume 3, Issue 5, Page 53 - 68
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CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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Copyright © IJLMH 2026
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The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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