Chapter

Investment Tribunals and Human Rights: Divergent Paths

Moshe Hirsch

in Human Rights in International Investment Law and Arbitration

Published in print September 2009 | ISBN: 9780199578184
Published online February 2010 | e-ISBN: 9780191722561 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199578184.003.0005

Series: International Economic Law Series

 Investment Tribunals and Human Rights: Divergent Paths

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This chapter identifies common traits as well as basically different characteristics of international human rights and investment laws. Developments in both spheres reflect fundamental structural changes in international law since World War II, enhancing the legal protection of individuals as well as of various associations and legal persons that are active in these spheres. One of the most fundamental commonalities to both international human rights and investment law is the asymmetric legal relationship between sovereign states and individuals, including foreign investors. Consequently, legal rules and institutions developed in these spheres strive to compensate the inferior position of individuals and investors under the domestic law by enhancing legal protection at the international level. These two branches of international law have evolved differently along the private-public divide. The chapter discusses the case law of international investment tribunals that have encountered arguments regarding the applicability and relevance of international human rights law to investment disputes.

Keywords: legal protection; non-governmental organizations; transnational corporations; foreign investors; private-public divide; de-politicization strategy

Chapter.  8632 words. 

Subjects: Human Rights and Immigration

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