A Case Law Analysis of Human Rights Claims Raised by Investors in International Investment Arbitration The Interaction between Human Rights and Fair & Equitable Treatment

Abstract

This article aims to analyse recent investment arbitration cases by examining the interaction between international investment provisions and human rights. It examines whether specific human rights, such as access to justice and the right to a fair trial, due process of law, security of individuals, and prohibition of any kind of discrimination may have certain commonalities with the fair and equitable treatment (FET). In addition, it questions whether the violation of these human rights may be used as a fact and a legal argument under investor–State proceedings and considered relevant to the breach of FET provisions.