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Mapping the Relationship between Investment Protection and Human Rights

Mapping the Relationship between Investment... INTRODUCTION The relationship between investment law and human rights is complex and goes beyond traditional understanding of international investment law as self-contained regime. Exploring the relationship requires analysis of structural issues underpinning both disciplines and normative understanding of their institutional set up. This article takes a coherence perspective on highly polarised debate on investment protection and human rights and focus on investment treaty regime can be applied and interpreted in a way that promotes rather than undermines human rights. This perspective requires one to address the key issues in the debate in the broader context of international law, which provides a framework of interaction of investment law and human rights. The traditional view is that the difference in nature between human rights and investment protections means that they operate on different planes and are thus not amenable to balancing. According to this view, investment law is self-contained regime that is insulated from other branches of international law.l But in the recent arbitral awards, non-investment obligations including human rights and environmental concerns are espoused and acknowledged as relevant factor in settlement of investment disputes. It is not surprising that the issue of human rights may assume more prominence in http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal of World Investment and Trade Brill

Mapping the Relationship between Investment Protection and Human Rights

Journal of World Investment and Trade , Volume 11 (4): 22 – Jan 1, 2010

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1660-7112
eISSN
2211-9000
DOI
10.1163/221190010X00248
Publisher site
See Article on Publisher Site

Abstract

INTRODUCTION The relationship between investment law and human rights is complex and goes beyond traditional understanding of international investment law as self-contained regime. Exploring the relationship requires analysis of structural issues underpinning both disciplines and normative understanding of their institutional set up. This article takes a coherence perspective on highly polarised debate on investment protection and human rights and focus on investment treaty regime can be applied and interpreted in a way that promotes rather than undermines human rights. This perspective requires one to address the key issues in the debate in the broader context of international law, which provides a framework of interaction of investment law and human rights. The traditional view is that the difference in nature between human rights and investment protections means that they operate on different planes and are thus not amenable to balancing. According to this view, investment law is self-contained regime that is insulated from other branches of international law.l But in the recent arbitral awards, non-investment obligations including human rights and environmental concerns are espoused and acknowledged as relevant factor in settlement of investment disputes. It is not surprising that the issue of human rights may assume more prominence in

Journal

Journal of World Investment and TradeBrill

Published: Jan 1, 2010

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