Restoring the balance in bilateral investment treaties: incorporating human rights clauses

Bilateral Investment Treaties are agreements made in order to promoteforeign investment in a specific country. Although foreign investmentis a positive force to promote development, in some cases the interestsof foreign investors can collide with the human rights of those living inthe host country. It is in these cases that the state needs to justify themeasures it takes based on its human rights obligations in order not tobe found responsible for breaching its obligations under an investmenttreaty. This paper examines the consequences of the prospect of humanrights norms being included into bilateral investment treaties, as wellas the possibility of investment tribunals accepting human rights arguments of non-investment law issues when there are no direct referencesto human rights law in the investment treaty, in order to demonstratethat investment treaties must include explicit human rights provisionsto protect the capacity of states to take appropriate measures based onits human rights obligations.

• Autores: Yira Segrera Ayala; Universidad del Norte
• Fecha de publicación: 2010
• Institución: Universidad del Norte
• Repositorio: Repositorio Uninorte
• Idioma: spa
• OAI Identifier: oai:manglar.uninorte.edu.co:10584/3421
• Acceso en línea: http://rcientificas.uninorte.edu.co/index.php/derecho/article/view/664; http://hdl.handle.net/10584/3421
• License: http://purl.org/coar/access_right/c_abf2