This paper examines to what extent human rights norms could be
relevant to investment treaty arbitration. Just as earlier cases have seen
investors challenge health or environmental regulations, there is
significant scope for foreign investors to challenge human rights-inspired
laws and measures in the host territory, where these infringe upon an
investors profitability. It is unclear whether the ad-hoc arbitral
tribunals charged with resolving such investment disputes would take into
account non-commercial international legal obligations such as those under
human rights law.
