Investment arbitration and human rights cases in Latin America

Polanco Lazo, Rodrigo; Mella, Rodrigo (2018). Investment arbitration and human rights cases in Latin America. In: Radi, Yannick (ed.) Research Handbook on Human Rights and Investment: Research Handbooks in International Law series. Research Handbooks in International Law (pp. 41-92). Cheltenham: Edward Elgar Publishing 10.4337/9781782549123.00010

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The relationship between international investment and human rights represents a troublesome matter to States that must balance compliance with their international obligations under human rights instruments with the protection of the interests of the investors guaranteed by international investment agreements. This chapter examines cases involving Latin American countries, drawing parallels between the different approaches used by the Inter-American Court of Human Rights and investment treaty arbitral tribunals in disputes that involve both foreign investment and human rights. Closely examining the La Oroya and Renco cases against Peru and the Chevron/Texaco and different human rights cases against Ecuador, we examine whether there is an interaction between both fora, either competitive or collaborative, or if they are in contradiction or isolation. To provide a comparative perspective, the Yukos cases against Russia, brought both before the European Court of Human Rights and several investment arbitral tribunals, are briefly addressed.

Item Type:	Book Section (Book Chapter)
Division/Institute:	02 Faculty of Law > Department of Economic Law > World Trade Institute 10 Strategic Research Centers > World Trade Institute
UniBE Contributor:	Polanco, Rodrigo Javier
Subjects:	300 Social sciences, sociology & anthropology > 340 Law 300 Social sciences, sociology & anthropology > 360 Social problems & social services 300 Social sciences, sociology & anthropology > 380 Commerce, communications & transportation
ISBN:	9781782549116
Series:	Research Handbooks in International Law
Publisher:	Edward Elgar Publishing
Language:	English
Submitter:	Pablo Rahul Das
Date Deposited:	28 Feb 2020 14:59
Last Modified:	05 Dec 2022 15:37
Publisher DOI:	10.4337/9781782549123.00010
Related URLs:	Publication
URI:	https://boris.unibe.ch/id/eprint/140848