127 ARTICLE THE BALANCE BETWEEN HUMAN RIGHTS AND INVESTMENT TREATY OBLIGATIONS IN OIL AND GAS INDUSTRY Vasily N. Anurov (Russia) Author PhD (Law), Kutafin Moscow State Law University, 2000 LLM (Mineral Law and Policy) with distinction, Dundee, Scotland, 2009 Senior lecturer, Private International Law Department, Kutafin Moscow State Law University, and Arbitrator of the Vilnius Court of Commercial Arbitration Email: vasily.anurov@googlemail.com Abstract The need to respect human rights is being invoked by host states as a pretext for excusing violations of investment treaty obligations. <...> Argentina the arbitral tribunal held that: “Argentina is subject to both international obligations i.e. human rights and treaty obligation [sic], and must respect both of them equally. <...> Under the circumstances of these cases, Argentina’s human rights obligations and its investment treaty obligations are not inconsistent, contradictory, or mutually exclusive”. <...> This statement suggests an idea of proportionality, which should be maintained by a host state when faced with the need to comply with the aforementioned international obligations. <...> This article examines various ways in which arbitrators should consider the interaction between human rights and investment obligations imposed on a host state, with particular reference to investment projects relating to oil and gas industry. <...> Keywords human rights, investment treaty obligations, oil and gas industry, principle of proportionality, concession contracts DOI: 10.17803/2313-5395.2016.1.5.127-141 Volume 1 April 2016 Issue 1(5) www.kulawr.ru 128 KUTAFIN UNIVERSITY LAW REVIEW ABBREVIATIONS BIT CYArb CYIL HR ICSID ILM Bilateral investment treaty Czech (& Central European) Yearbook of Arbitration Czech Yearbook of International Law Human rights International Centre for Settlement of Investment Disputes International Legal Materials MMSD/IIED Mining, Minerals, and Sustainable Development / International Institute for Environment and Development OGI OJEC Articles on the Responsibility of States Charter of the United Nations Charter of Fundamental Rights of the European Union European Convention on Human Rights Universal Declaration of Human Rights www.kulawr.ru Oil and gas industry Offi cial Journal of the European Communities TABLE OF ABBREVIATED DOCUMENTS NAMES Draft Articles on Responsibility of States for Internationally Wrongful <...>