Vatsal Tripathi, O.P Jindal Global University
Tanishq Jugal, Advocate at Madhya Pradesh High Court (Recently graduated from O.P. Jindal Global University)
ABSTRACT
This paper seeks to comprehend the complicated intersection between human rights and international investment arbitration. To that aim, it delves into the history and its role for addressing investment-related disputes, highlighting its significance in resolving conflicts between foreign investors and the host states. The paper underlines the importance of human rights in this perspective, highlighting their universality and inclusion into investment treaties. Through a review of decisions and landmark cases, it has only become clear that human rights are progressively being considered under investment arbitration, as a counterweight to economic interests. Recent developments and changes in the landscape, such as the addition of ‘human rights clauses’ in investment treaties, shows that the awareness regarding this is flourishing. The paper concludes with recommendations for further improvement and inclusion regarding human rights into investment arbitration. It envisions a future where both the side aligns equally.
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