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Human Rights and Investment Arbitration
December 4, 2020 At 12:00 pm - 1:30 pm EST
The notion that investment arbitration and human rights should be treated separately as two different, self-contained systems is being challenged constantly by international instruments and international awards in various forums. Our panel will discuss the following:
- The application of human rights standards by tribunals in several arbitration cases and their effect in the ISDS system;
- New generation of IIAs that encourage, as a matter of soft law, incorporation of corporate social responsibility standards within the policies of the multinational enterprises, and impose human rights obligations upon foreign investors;
- How human rights as applied to investment arbitration may develop in the coming years; and
- What may be the jurisdictional and substantive limitations to consider human rights violations in an investment arbitration.