Public Goods and International Investment Law: Does the New Generation of IIAs Better Protect Human Rights?

Abstract

The implicit inclusion of human rights and other public goods in international investment law by way of interpretation is always contingent on various factual and legal elements. Consequently, it cannot ensure that all investment arbitration tribunals will arrive to the same or at least similar conclusions when it comes to the inclusion of human rights. That is why the trend to include explicit provisions or references into the newly negotiated IIAs seems to be advisable. The article aims at presenting some new trends in both treaties (BITs and other IIAs) and awards of investment tribunals.