Abstract
The chapter addresses the relationship between international investment law and one of the core components of modern constitutional law: the protection and enforcement of human rights. Drawing on conceptual approaches by Karl Polanyi and HLA Hart, the chapter focuses on the tensions arising from the so-called 'human rights paradox', that is, the circumstance that foreign investors are granted a specific set of rights under international investment law, without at the same time being obliged under international law to respect competing human rights of affected populations. The solution to this human rights paradox, the chapter suggests, consists of laying down explicit investor obligations to respect human rights. These should ideally be agreed at the international level in order to ensure that foreign investors are prevented from trying to use international investment agreements as instruments to avoid human rights obligations under domestic law.
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