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Human Rights in International Investment Law and Arbitration$
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Pierre-Marie Dupuy, Ernst-Ulrich Petersmann, and Francesco Francioni

Print publication date: 2009

Print ISBN-13: 9780199578184

Published to Oxford Scholarship Online: February 2010

DOI: 10.1093/acprof:oso/9780199578184.001.0001

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Human Rights and International Investment Arbitration

Human Rights and International Investment Arbitration

Chapter:
(p.82) 4 Human Rights and International Investment Arbitration
Source:
Human Rights in International Investment Law and Arbitration
Author(s):

Reiner Clara

Schreuer Christoph

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199578184.003.0004

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.

Keywords:   international investment arbitration, jurisdiction, applicable law, prohibition of discrimination, protection of property, paradox of nationality, government interferences

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