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

Full text not available from this repository. (Request a copy)

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:

28 Feb 2020 14:59

Publisher DOI:

10.4337/9781782549123.00010

Related URLs:

URI:

https://boris.unibe.ch/id/eprint/140848

Actions (login required)

Edit item Edit item
Provide Feedback