Are human rights protected in investment arbitration?

Abstract

In the last decades, the use of investment arbitration has increased significantly as an ideal instrument for the resolution of legal disputes. In this context, not only in the academic world, but also in the practical one, it has begun to discuss the adverse impact that this process of dispute settlement can generate on the promotion and protection on human rights. That said, the aim of this work is to analyze the guarantee of human rights in investment arbitration. To investigate that complex collision, firstly, we will examine the International Investment Law and specifically the investment treaties. Secondly, we will analyze and describe the main characteristics of Human Rights Law. Once we have described the two worlds that are the starting point of our work, we will study what is the relationship between them. Moreover, we will examine the decisions of the arbitrators. To conclude, we will analyze lege data and the factors that affect the guarantee of human rights and, based on them, we will propose measures, lege ferenda, to increase the promotion and protection of them in investment arbitration disputes.