Investing in Human Rights: Volume 3 page – 2

Luke Eric Peterson

Table of Contents (detailed)



Executive Summary

Chapter 1: Introduction

• Background to the international investment protection regime

• Provisions of bilateral investment treaties

– Fair and equitable treatment

– Expropriation

• Limited investor responsibilities

• Dispute settlement provisions of bilateral investment treaties

• Uses of BITs in investor lawsuits with host-governments

– Regulatory authority and state sovereignty

Chapter 2: Exploring the Relationship between Human Rights and Investment Treaties

• Human rights and international law

• Is human rights law being raised in investment treaty lawsuits?

• Human rights analogies used to define protections owed to investors

• Relevance of a state’s human rights obligations towards non-investors

– The human right to water

– Human rights to assembly and free expression

– The human rights of indigenous peoples

– Land reform and compensation

– Policies targeting disadvantaged persons or groups

– Issues of transparency and the right to receive information

Chapter 3: Reflections and Recommendations

• Monitoring

• Study and analysis of how similar issues are resolved in the two regimes

• Study and analysis of how human rights law is interpreted and applied by investment arbitrators