This is the fifth consecutive year that we, either together or separately, have reported on trends at the intersection of human rights and international investment arbitration from the prior year.
As we emphasized last year, developments at this intersection continue directional trends from prior years, but also the aperture for human rights considerations in Investor-State Dispute Settlement (“ISDS”) did appear to widen, given consistent annual developments across procedural and substantive dimensions, as well as numerous adjacent developments with the potential for meaningful impact in subsequent years. However, we cautioned that fundamental questions concerning the often strained relationship between international investment law and international human rights law remain inconsistently unaddressed, if at all.
Looking back on 2023, we identify two trend areas: 1) drafting of new International Investment Agreements (“IIAs”) and model agreements; and 2) cases (including with amicus submissions) at the intersection of human rights and ISDS. We conclude with thoughts on what this could mean for the years ahead.
Content Authorship and Sources
Dr. Kabir Duggal
Arbitration and Mediation Panelist at BIAMC
Senior International Arbitration Advisor at Arnold and Porter/Columbia Law School
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