The 'Human Nature' of International Investment Law

Transnational Dispute Management, Vol.10(1), January 2013

Grotius Centre Working Paper 2013/006-IEL

Leiden Law School Research Paper

27 Pages Posted: 15 Jun 2013

See all articles by Yannick Radi

Yannick Radi

University of Louvain (UCL) - School of Law

Date Written: June 13, 2013

Abstract

In the context of the ‘fragmentation’ narrative, international law regimes are often perceived as homogeneous, both in terms of the objective they pursue and the people who compose them. Such is the case of international investment law (IIL) that is usually depicted as an investor-oriented setting. Therefore, it comes as no surprise that the relationships between IIL and human rights are addressed by mainstream literature as a matter of interaction between two different legal and social settings.

This article proposes a different way of approaching and analyzing these relationships. Instead of conceiving of IIL and human rights as two different and conflicting settings and focusing on how human rights can be incorporated within the IIL regime, it unravels the ‘human nature’ of IIL. To do so, it examines the substantive standards, i.e. the FET and indirect expropriation, and their application as well as the profile of arbitrators and features of investment arbitration.

Keywords: international investment law, human rights, fragmentation, conflicts, publicization, interpretation, argumentation, FET, indirect expropriation, investment arbitration

Suggested Citation

Radi, Yannick, The 'Human Nature' of International Investment Law (June 13, 2013). Transnational Dispute Management, Vol.10(1), January 2013, Grotius Centre Working Paper 2013/006-IEL, Leiden Law School Research Paper , Available at SSRN: https://ssrn.com/abstract=2278857

Yannick Radi (Contact Author)

University of Louvain (UCL) - School of Law ( email )

University of Louvain (UCL) - School of Law
Place Montesquieu 2
Ottignies-Louvain-la-Neuve, 1348
Belgium

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