Year
2018
Volume
12
Number
2
Page
153
Language
English
Court
Reference
C. SIM, “Strategies for Addressing Human Rights Violations in Investment Arbitration. Substantive Principles and Procedural Solutions”, HRILD 2018, nr. 2, 153-189
Recapitulation
Investment arbitration has a bad reputation for failing to take into account human rights concerns. This is largely due to the fragmented process by which international law is created – through multiple forums for treaty-making and adjudication. In truth, both international investment law and human rights law are designed to protect individuals or legal persons from the State’s exercise of sovereign powers. Most importantly, both regimes grant direct access to justice to the individual or legal person, against the State. This article provides an update of the strategies available for addressing human rights in investment arbitration and evaluates the most recent progress made to address human rights in investment arbitration, in particular cases and investment treaties from 2012–2016. First, it analyses three substantive principles applied by investment tribunals in considering human rights issues in international investment arbitration. Second, it assesses the specifi c procedural hurdles which continue to limit the jurisdictional powers of investment arbitrators from properly addressing human rights. Third, studying latest developments, it will discuss three strategies for using procedural mechanisms to address human rights violations in investment arbitrations.