Abstract

CABEZAS, Víctor Daniel. Human Rights and BIT: Intersections and Collisions. Iuris Dictio [online]. 2019, n.23, pp.55-69. ISSN 2528-7834.  https://doi.org/10.18272/iu.v23i23.1432.

In this article, the interactions between international investment law and international human rights law will be analyzed. In particular, it will review arbitral jurisprudence that has had to deal with human rights issues and has failed to do so. The ratio decidendi of the judgments and international regulations that would enable the inclusion of international standards in the field of human rights within arbitration processes will be examined. Finally, the author proposes possible solutions to generate superior convention control within the modern configuration of the Bilateral Investment Treaties.

Keywords : Human Rights; International Investment Law; BITs; Arbitral Tribunals..

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