International Human Rights in Bilateral Investment Treaties and in Investment Treaty Arbitration

By Luke Eric Peterson on October 14, 2003
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.

Report details

Swiss Federal Department of Foreign Affairs
IISD, 2003