Reimagining Treaty Interpretation: The Growing Influence of Human Rights in International Investment Law

Olalekan, Kolawole Afuwape (2026) Reimagining Treaty Interpretation: The Growing Influence of Human Rights in International Investment Law. Business Law Review, 47 (1). pp. 14-26. ISSN 0143-6295

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Abstract

The existing global investment regulatory framework consists of human rights responsibility areas requiring essential progress for implementation of enforcement as well as judicial systems. Judicial along with state practices relating to human rights factors come under analysis through legal studies about human rights access in international investment law when investment treaty provisions undergo interpretation in investor dispute resolution systems. The study evaluates human rights standards which concern health rights and property rights and labour rights and environmental rights by analysing legal academic research and international treaty provisions regarding their implementation within investment arbitrations. States retain their fundamental human rights responsibilities toward investors despite the current investor protections related to fairness and expropriation which still apply. The recognition of human rights protection in the investment law remains incompatible due to the provisions found in international treaties, which interconnect with international human rights standards in tribunal decisions. The paper introduces synthetic recommendations to establish legal ties between public interest areas through enhanced treaty wording and extended assessment techniques for non-investor groups during dispute resolution system reforms to safeguard investment protection dignity. By applying these methods both social justice principles and human dignity standards gain thorough protection.

Item Type: Article
Keywords: Foreign Direct Investment (FDI) | Treaty Interpretation | Human Rights | International Investment Law | Investor-state Dispute Settlement (ISDS) | state Sovereignty | Bilateral Investment Treaty (BIT) | United Nations Commission on Trade Law (UNCITRAL) | General Agreement on Tariffs and Trade (GATT) | General Agreement on Trade in Services (GATS) | International Centre for Settlement of Investment Disputes (ICSID) | ICSID | European Court of Human Rights | Interpretative framework of Article 31(3)(c) VCLT
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Mrs Tulika Kumar
Date Deposited: 24 Feb 2026 10:26
Last Modified: 24 Feb 2026 10:27
URI: https://pure.jgu.edu.in/id/eprint/10946

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