When and How Allegations of Human Rights Violations Can Be Raised in Investor-State Arbitration

13(3) Journal of World Investment & Trade, 2012, p. 349-372

24 Pages Posted: 11 Jun 2012

See all articles by Patrick Dumberry

Patrick Dumberry

University of Ottawa - Civil Law Section

Date Written: June 11, 2012

Abstract

This article examines when and how allegations of human rights violations committed by an investor can be raised before an arbitral tribunal in the context of investor-State arbitration. We first briefly examine the controversial question of corporations’ human rights obligations under international law. We then analyse three typical features, found in the vast majority of BITs, which clearly bars host States from initiating their own arbitration proceedings to claim reparation for human rights violations committed by a foreign investor in their territory.

We next analyze the limited circumstances under which the host State can raise allegations of human rights violations when acting as respondent in arbitration proceedings. Finally, we will look at circumstances where the home State of an investor may decide to intervene with the tribunal to raise allegations of human rights violations.

Suggested Citation

Dumberry, Patrick, When and How Allegations of Human Rights Violations Can Be Raised in Investor-State Arbitration (June 11, 2012). 13(3) Journal of World Investment & Trade, 2012, p. 349-372. Available at SSRN: https://ssrn.com/abstract=2082016

Patrick Dumberry (Contact Author)

University of Ottawa - Civil Law Section ( email )

57 Louis Pasteur Dr
Ottawa
Canada

HOME PAGE: http://www.droitcivil.uottawa.ca/index.php?option=com_contact&task=view&contact_id=148&Itemid=118

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