Investment arbitration and human rights: From the lens of a MFN clause

Vidyarthi, Abhisar and Misra, Aditya (2020) Investment arbitration and human rights: From the lens of a MFN clause. International Review of Human Rights Law, 5. ISSN 2455-8648

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There has been a lot of discussion on the role of Human Rights in Investment Arbitration. The standard approach of investment tribunals is to rule that Human Rights claims are beyond their jurisdiction as they are only concerned with violations of the investment treaty between the parties. This article aims to address the overlap between Investor-State arbitration and Human Rights from the lens of the MFN clause. MFN clause allows the investors to rope in treatments accorded to other investors in third treaties. The defining scope of this article is to analyse the extent of the MFN clause of the investment treaties and whether they could be extended to Human Rights treaties. The article highlights several factors that may enable International Investment Tribunals to accomplish their responsibility of promoting an effective Human Rights framework by resorting to the MFN clauses in Investment treaties. The article is divided into four parts. Firstly, the article introduces the overlap between human right claims and investment arbitration. Secondly, the article deliberates upon the scope of the MFN clause and its restrictions. Thirdly, the article discusses the manner in which the MFN clause may be used to incorporate human rights claims in investment arbitration. Lastly, the article concludesthe discussion by delving into the recent casesin which the tribunals have addressed human rights claims and opened the door for the same in investment arbitration.

Item Type: Article
Keywords: MFN | Human rights | Investment arbitrations
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Mr. Syed Anas
Date Deposited: 30 Mar 2022 08:49
Last Modified: 30 Mar 2022 08:49


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