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

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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

10.1163/ej.9789004191433.i-591.7
/content/books/10.1163/ej.9789004191433.i-591.7
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