Globalization has diversified the actors, institutions, norms, and instruments on the international legal stage. With diversification comes increased specialization and, in turn, organization around so-called regimes. The notion that international legal regimes can exist autonomously has long been refuted; indeed, each regime draws from general international law to some degree. If regimes are not autonomous, then how do they interact?

Here, we briefly consider the interaction between two such regimes, international investment law (“IIL”) and international human rights law (“IHRL”). We argue that ‘interaction’ should be conceived broadly, which contrasts with the prevailing view of interaction as synonymous with conflict.

In this post, we provide a four-part model for defining the interactions between IIL and IHRL. First, IIL and IHRL interact at a foundational level with regard to what each regime seeks to protect—foreign investors under IIL and individuals under IHRL. Second, they interact in the context of investment treaties and, narrowly, the drafting of preambular text and operative provisions. Third, they interact—and perhaps conflict—at various stages in international disputes. Fourth, and finally, they increasingly interact in procedural contexts, such as ISDS reform efforts.