The Role of Human Rights in Investment Arbitrations: Towards a Closer Integration

Abstract

This article examines the role of human rights in international investment arbitration. A review of the historical origins of human rights and international investment law shows that the two fields are inextricably connected and share significant similarities, particularly in terms of their norms and principles. However, their separate origins and development has also given rise to ambiguities and tensions as to how human rights considerations can be invoked in international investment arbitration and by whom. The article examines the various contexts of such invocations and analyzes human rights references in investment treaties. It argues that ambiguities and tensions are especially problematic because they carry not merely theoretical but practical implications. It shows that the trend of convergence and overlap between the two fields is growing and concludes by arguing that greater integration of human rights law into international investment law and arbitration is not only desirable but essential for the unification of public international law and addressing many of its ambiguities.