Revista de Derecho
Print version ISSN 0121-8697
SEGRERA AYALA, Yira. RESTORING THE BALANCE IN BILATERAL INVESTMENT TREATIES: INCORPORATING HUMAN RIGHTS CLAUSES. Rev. Derecho [online]. 2009, n.32, pp. 139-161. ISSN 0121-8697.
Bilateral Investment Treaties are agreements made in order to promote foreign investment in a specific country. Although foreign investment is a positive force to promote development, in some cases the interests of foreign investors can collide with the human rights of those living in the host country. It is in these cases that the state needs to justify the measures it takes based on its human rights obligations in order not to be found responsible for breaching its obligations under an investment treaty. This paper examines the consequences of the prospect of human rights norms being included into bilateral investment treaties, as well as the possibility of investment tribunals accepting human rights arguments of non-investment law issues when there are no direct references to human rights law in the investment treaty, in order to demonstrate that investment treaties must include explicit human rights provisions to protect the capacity of states to take appropriate measures based on its human rights obligations.
Keywords : Bilateral Investment Treaties; Human Rights; International Law.