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Striking a Balance between International Investment Law and Human Rights Law
In order to distinguish essays and pre-prints from academic theses, we have a separate category. These are often much longer text based documents than a paper.
posted on 22.03.2017by 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.