Reshaping International Investment Regime from Human Rights Perspective
Reshaping International Investment Regime from Human Rights Perspective
Author(s): Aida BektashevaSubject(s): International Law, Human Rights and Humanitarian Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: applicable law; arbitration; investment law; investment treaties; human rights;
Summary/Abstract: The impact of foreign investment on the human rights generally has increased and interaction between them has shown to be complex in nowadays. Human rights considerations enter into the discourse of international investment law since increasing number of states are beginning to include references to human rights in their investment treaties and investor-state contracts, in particular for the new generation of investment treaties. Human rights related issues have played a vital role in various contexts of investment proceedings as w ell and whether an investment tribunal can apply to human rights law depends both on the relevant jurisdictional clause and the applicable law. To consider all this issue, the article takes a qualitative approach by examining secondary data, in particular, difference concepts, legal documents and applying case law as well. Moreover, in order to present existing window of opportunity for States, article outlined some findings and recommendations.
Journal: Perspectives of Law and Public Administration
- Issue Year: 13/2024
- Issue No: 2
- Page Range: 201-209
- Page Count: 9
- Language: English