The Right to Property in Human Rights and Investment Law: A Latin American Perspective of an Unavoidable Connection

Abstract

This article discusses the interplay between human rights and investment law through a theoretical reflection on the human and economic aspects of the right to property, identifying similarities and differences between human rights and investment law, and providing a rapid review of the synthesis provided by the European experience in this area. The discussion then focuses on the dialogue between human rights case law (within the Inter-American Human Rights system, with some references to the EHRC) and investment law jurisprudence, mainly through the review of some ICSID cases in Latin America that cross-refer to human rights law and some economic law principles of Human Rights Law.The article is motivated by a double interest around the need to deepen integration of international law (as opposed to fragmentation). The first one is Professor Petersmann’s demand for an increased judicial dialogue to find a wise equilibrium as proposed by the classics like Montesquieu, a proportionality balancing of governmental restrictions of property rights in order to promote other fundamental rights of citizens.The second one is related with Latin America’s need to reach a frank reconciliation between economic and political freedom as complementary pillars of collective life.