Abstract

International investment law places obligations on States to protect the interests of foreign investors. However, States also bear the responsibility towards their citizens to uphold human rights and environmental standards as derived from the relevant human rights instruments. These two sets of obligations can create tension within Investor-State Dispute Settlement (ISDS), as pursuing one of these interests can come at the expense of another. Nonetheless, the emerging investment jurisprudence and scholarships support the application of the notions of regime interaction and ...