The Conventionality Control of Investment Arbitrations: Enhancing Coherence Through Dialogue
Article from: TDM 1 (2013), in Human Rights
Conflicts between human rights and foreign investors' rights
The simultaneous submission of a state to the international human rights systems and foreign investment regimes can generate a dilemma for governments, which becomes tangible when subjected to claims from those two fronts: either the state is liable for not taking the measures that are required by human rights covenants, or it does so by taking such actions and thus, affecting the interests of investors. To some extent, this dilemma corresponds to a practice of arbitral tribunals that are responsible for interpreting and applying the Bilateral Investment ...