The Incorporation of Human Rights Concerns into Investment Treaty Arbitration through the Application of Public International Law

Abstract

This Article explores the complex interplay between public international law and human rights within the context of investment treaty arbitration. As globalization accelerates and international investments proliferate, the integration of human rights considerations into arbitration processes becomes imperative to ensure fair and equitable outcomes. This research critically examines how public international law can bridge the historical gap where economic interests often overshadow human rights, emphasizing the urgent need for a balanced approach. The study begins by outlining the evolution of international investment law, highlighting its traditional focus on protecting investors without sufficient regard for human rights impacts. This legal research analyzes various cases and legal frameworks to assess how existing mechanisms accommodate human rights considerations and where they fall short. The findings reveal a significant imbalance, with economic interests frequently taking precedence, leading to adverse human rights outcomes. The research proposes several reforms to address these deficiencies, including amending existing treaties to explicitly incorporate human rights obligations and developing new legal frameworks that harmonize investment protection with human rights enforcement. The proposed solutions aim to make arbitration processes more inclusive and transparent, allowing for a fairer adjudication of disputes considering broader implications for all stakeholders involved. This study underscores the critical role of public international law in reshaping investment treaty arbitration to foster a more just global investment landscape. By integrating human rights considerations more thoroughly, the law can ensure that international investments contribute positively to the welfare of all, promoting sustainable development and respect for human rights globally.