Human Rights in International Investment Law: Recent Trends in Arbitration and Treaty-Making Practice

Abstract

The paper discusses recent developments in investment arbitration and treaty practice concerning human rights in the framework of the larger debates on investment law and human rights and assesses whether they are theoretically convincing and practically relevant. The contribution begins with a brief summary of the main elements of the debate on investment law and human rights protection until today. It then moves to developments within the field of international investment law assessing both recent jurisprudence as well as newly concluded treaties. Subsequently, the paper will discuss recent developments in the field of human rights practice relating to new developments in treaty drafting and approaches taken by human rights treaty bodies. Finally, the paper suggests preliminary results and conclusions.

Keywords: Human Rights, Investment Agreements, Urbaser v Argentina, Treaty on Business and Human Rights