Human Rights Arguments as a Defence of Host States in International Investment Arbitration

The Role of Fair and Equitable Treatment (FET) General Standard

Abstract

This article explores the substantive similarities between international investment
law and international human rights law. It analyses the conceptual
relevance of human rights argumentation with investment treaties’ standards
of protection, through an overview of the most recent arbitration jurisprudence.
In particular, this article examines whether host States can introduce
human rights argumentation into investment arbitration adjudication as their
defense.