Introduction

Investor-State Dispute Settlement (ISDS) has been one of the major achievements of international law, especially if one looks at it from the perspective of the status of the individual according to international law. The power to initiate an arbitral proceeding directly against the host State has become a strong tool in the hands of foreign investors around the world. In the field of the protection of human rights, we may find a similar right of access to an international jurisdiction. Yet such a right remains subject to certain conditions, which highlight the traditional ...