Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Human Rights & Investment Tribunals Jurisprudence Along The Private/Public Divide

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

This chapter briefly examines the jurisprudence of investment tribunals regarding the weight to be accorded to human rights treaties in investment disputes. It discusses some factors that have affected the approach undertaken by these tribunals, emphasizing the predominant private features of contemporary investment arbitral tribunals, and the dominant public character of international human rights law. The chapter addresses the emerging trend of investment tribunals to grant increasing weight to public interests and more general norms of international law. Several factors may explain the general reluctance of investment tribunals to accord a significant role to international human rights instruments. The chapter emphasizes the different private/public conceptions that underlie these two spheres of international law. International investment and human rights laws deal with asymmetric legal relations between States and individuals.

Keywords: international human rights law; investment tribunals jurisprudence



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    New Directions in International Economic Law — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation