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Striking a Balance between International Investment Law and Human Rights Law
thesisposted on 2017-03-22, 02:02 authored by Caroline Aebersold
The laws protecting human rights and foreign investments have developed over many decades. While representing two independent fields of international law, the obligations and rights protected under each can at times overlap and potentially conflict. Examples of such conflicts, particularly surrounding the impact of international investment arbitration on the human rights obligations of States, have been the focus of considerable legal commentary and public debate. Some progress to address these concerns has been achieved, however consensus on the way forward has yet to be established, nor is there a cohesive approach to reform. This thesis seeks to address the question of how conflicting obligations under international investment and human rights law can be addressed in a manner that strikes an appropriate balance. The recommendations proposed also aim to establish a path to meaningful reform that is both achievable and effective, in order to improve harmonisation between these systems of international law.