What future for Human Rights? Accommodating Human Rights Claims in International Investment Arbitration

Human rights and investment law seem not to stand at odds with each other as it was previously thought. The recent developments show that human rights considerations in international investment arbitration could be invoked either as a state defense or an investor’s rights.
There is a heated debate going on regarding the issues of whether investors’ rights included in investment treaties are human rights and whether a host state can use human rights as its defense to justify regulatory measures affecting the investment. In this presentation, I will assess pigeonholing human rights considerations in international investment arbitration from the human rights law perspective with an aim to show that while human rights can justify the host state legitimate right to adopt regulatory measures to protect human rights, the investor’s rights are not human rights although some rights granted to the investors in the investment treaties tend to echo human rights.