Social Justice in International Investment Treaty Arbitration: The Value of Human Rights Interventions

Abstract:     
This paper analyses the human rights interventions of various civil society organisations in international investment arbitration through the submission of amicus curiae briefs. It asks what value these interventions have had in promoting social justice issues in the arbitration process.

The paper argues that the language and legal obligations of human rights appear to have an important impact in terms of ensuring that amicus submissions of civil society groups are accepted by tribunals. But there are fundamental problems inherent in this mechanism which make it unlikely that the human rights arguments raised will have any significant role in the decision-making process of the tribunal panels. The paper concludes with some thoughts about the wider implications of these findings for international investment law, international human rights law and international law more generally.

Number of Pages in PDF File: 23

Keywords: amicus, amicus brief, investment, human rights, social justice, arbitration, essential services, Biwater, Tanzania, Argentina, water.

JEL Classification: K10

Accepted Paper Series