In this semester, we will provide an overview of the interaction between human rights law and international investment law. Generally, both international investment law and international human rights law are distinct legal regimes and exist no inherent conflict. However, in some cases, government measures taken to protect human rights may harm the rights or interests of investors in violations of an investment agreement or an investor’s rights under a contract. Conversely, a government measure to protect investments may violate human rights. This seminar will discuss relevant issues from three dimensions.
First, it will examine substantive obligations under investment treaties from a human rights perspective. Second, it will discuss how a host state is able to implement its legal obligations under human rights while maintaining its commitments for investment protections under investment treaties. Third, it will look at how human rights issues may be handled in investment arbitrations and their implications for the realization of human rights. In relevant parts, investment disputes will be discussed.
Tentative topics to be discussed are as follows:
1. An overall review on human rights norms that are relevant to investors
2. Applicable Law and Jurisdiction
3. Fair and Equitable Treatment and Human Rights
4. Indirect Expropriation and Human Rights
5. Abuse of Process
6. Right to Property
7. Right to Water
8. Right to Health
9. Labor Right
10.Environment Justice
11.Business and Human Rights
12.New Generation IIAs and Human Rights