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7 Determination of Compensation in Investor–State Arbitrations: Is There a Place for Human Rights Arguments?

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Chapter Summary

For many years international investment law and international human rights law developed along separate paths, each system having created specific dispute settlement mechanisms. This chapter falls within a broad subject of possible interrelations between the two fields. Although currently 'connecting human rights considerations to investment arbitration are still in its infancy', the intersections between both fields of law have started to raise interest in the literature. Possible interrelations between international investment arbitration and international human rights may be analyzed from various perspectives. The chapter focuses on the possible influence of human rights on the determination of compensation for a breach of an international investment agreement (IIA) which has already been established by the arbitral tribunal at the merits phase of the proceedings. The moment of determination of compensation is often argued to be the one which creates the possibility of introducing human rights considerations into investor-state arbitrations.

Keywords: arbitral tribunal; international human rights law; international investment agreement (IIA); international investment law



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