Investment Tribunals and Human Rights: Divergent Paths

Moshe Hirsch*

*Corresponding author for this work

Research output: Chapter in Book/Report/Conference proceedingChapterpeer-review

1 Scopus citations


This chapter identifies common traits as well as basically different characteristics of international human rights and investment laws. Developments in both spheres reflect fundamental structural changes in international law since World War II, enhancing the legal protection of individuals as well as of various associations and legal persons that are active in these spheres. One of the most fundamental commonalities to both international human rights and investment law is the asymmetric legal relationship between sovereign states and individuals, including foreign investors. Consequently, legal rules and institutions developed in these spheres strive to compensate the inferior position of individuals and investors under the domestic law by enhancing legal protection at the international level. These two branches of international law have evolved differently along the private-public divide. The chapter discusses the case law of international investment tribunals that have encountered arguments regarding the applicability and relevance of international human rights law to investment disputes.

Original languageAmerican English
Title of host publicationHuman Rights in International Investment Law and Arbitration
PublisherOxford University Press
ISBN (Electronic)9780191722561
ISBN (Print)9780199578184
StatePublished - 1 Feb 2010

Bibliographical note

Publisher Copyright:
© Oxford University Press, 2013.


  • De-politicization strategy
  • Foreign investors
  • Legal protection
  • Non-governmental organizations
  • Private-public divide
  • Transnational corporations


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