As international investment tribunals increasingly confront non-investment obligations, academics and practitioners in the field of international investment law find it challenging to understand the legal and ethical responsibilities of foreign investments in the area of human rights.
Investment tribunals typically do not include experts on international human rights law. Moreover, investment treaties are usually silent on human rights issues. This leads to inconsistent decisions violating human rights, the right to regulate of host States, as well as undermining legal certainty.
The issues which arise in the context of international investment law include the right to health, access to drinking water and justice, as well as the right to property. Each of these principles has different interpretations in domestic legal systems. Issues related to corporate social responsibility may involve difficult conflicts between national and international (including the concept of "responsible non-compliance") with domestic laws which breach fundamental international law rules.
Complex issues involving human rights in international investment law include piercing the corporate veil, identifying obligations of investors under international in the absence of relevant provisions in investment treaties. Proceedings in front of international investment tribunals may also overlap with proceedings at other bodies, including international human rights courts. Managing such proceedings presents difficult tasks for the parties, including at the stage of enforcement.
To discuss these issues the Thirty-First ITF Public Conference will convene in London on 26 October 2018. The Forum will bring together leading arbitrators, judges, practitioners and academics, drawn primarily from ITF members, to debate issues related to human rights in international investment law.
