Human Rights and International Investment Arbitration

Abstract

Abstract This chapter discusses the role of human rights in international investment arbitration, focusing on issues such as jurisdiction, applicable law, and invocation of human rights during proceedings. It highlights certain similarities among human rights law and investment law, e.g. regarding substantive norms such as prohibition of discrimination and protection of property, that are common to both investment and human rights law. It also describes how human rights and investment law differ dramatically. The chapter points out that the role of human rights in investment arbitration is likely to increase; yet, it remains controversial whether the arbitral system is the best suited for dealing with breaches of human rights, for example in view of the lack of transparency and legitimacy of confidential arbitration proceedings without adequate legal safeguards for third parties and general citizen interests that may be adversely affected by investment disputes.