Systematische Berücksichtigung von Menschenrechten in Investitionsschiedsverfahren

The present contribution sets out a conceptual framework for taking human rights considerations into account in international investment arbitration. Users are enabled to systematically evaluate the human rights dimension of an investment dispute and to develop their legal arguments accordingly. Considering arbitral practice, it becomes apparent that three types of human rights arguments – referred to as ‘reinforcement’, ‘conflict’ and ‘abuse’ - can be raised in international investment arbitration. On the one hand, human rights are raised by investors to reinforce their claim. On the other hand, host States rely on human rights as a defense. Either because investment protection conflicts with the State’s obligation to protect human rights or because an abusive investment claim is brought in the context of corporate human rights violations. In light of the arbitral mandate, the author concludes that tribunals have a duty to consider all three types human rights arguments.