Abstract

CASTILLO, Yadira. The Appeal to Human Rights in Arbitration and International Investment Agreements. Anu. Mex. Der. Inter [online]. 2012, vol.12, pp.47-84. ISSN 1870-4654.

This article studies the relationship among Human-Rights (HR), soft law, and International Investment tools, and between HR and investment arbitrations. It suggests two stages. In the first, it will discuss the impact on TNCs that the incorporation of soft law tools on international investments can have. The second stage shows that the indirect use of the HR language by the investor and the state in the arbitration of foreign investments can have a dual purpose. On the one hand, it empowers foreign investors by making their weak situation in relation to the state more visible. On the other hand, the remission made by the states proposes a change in the logic of investment arbitrations: the protectionist character of the BITs is challenged by the protection of public interests protected by the states, such as the rights of minorities.

Keywords : Soft law; International Investment Agreements IIAs; Corporate Social Responsibility CSR; Bilateral Investment Treaties BITs; investment arbitration; human rights; minority rights; transnational corporations TNCs.

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