States' Human Rights Counterclaims and Other Methods to Hold Investors Accountable for their Human Rights Violations in Investment Treaty Arbitrations
Article from: TDM 1 (2024), in Climate Change
Abstract
Tribunals in investment treaty arbitrations have struggled to address states' human rights and environmental law-based arguments and reconcile the international investment and international human rights legal regimes. In consequence, investors have been able to benefit from investment protection standards under investment treaties, even though they have violated human rights or contributed towards such violations in the host states, or the complained host state measure had been adopted to protect the human rights of their citizens. Human rights violations in this context may also ...