Home › Resources › Latest Resources › Human Rights as a Defence in Investor – State Arbitration

Human Rights as a Defence in Investor – State Arbitration

Author(s): 
Ignacio Madalena and Diogo Pereira
Law firm: 
Allen & Overy LLP
Date produced: 
10 January 2012
This guide discusses the complexity of interactions between Human Rights and Investor-State Arbitration.
Disclaimer: 
This publication provides general information and comments on the subject matter covered and is not a comprehensive treatment of the subject. It is not intended to provide legal advice, and readers should not rely on it but seek specific legal advice before taking any legal action with respect to the matters discussed.

This guide by Ignacio Madalena and Diogo Pereira of Allen & Overy outlines the difficult implication of human rights in investment treaty arbitrations, especially between a foreign investor and a State.

First, the interaction between Human Rights and Investor – State Arbitration under international investment agreements (IIAs) and international laws is discussed. This guide also examines the denial of investors’ legal protection under IIAs in case of illegal investment and its consequences on human rights. Finally, the authors review the legitimacy of a State to use human rights obligations as an argument in a conflict with investors.

View this guide here.

Average: 5 (1 vote)

UK AidThe A4ID Law & International Resource Centre is part of A4ID's 'Lawyers in Development' project,
funded by the UK Department for International Development (DfID).