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Unanticipated consequences: the human rights implications of bringing sovereign debt disputes within investment treaty arbitration
chapter
posted on 2023-06-09, 13:39 authored by Juan Pablo Bohoslavsky, Edward GuntripEdward GuntripThe actions of States and decision-makers in international law can generate unanticipated consequences that are capable of spanning various legal regimes. This article considers how the lack of a precise definition of the term ‘investment’ in international investment law has permitted investment treaty arbitration to become a forum for the resolution of sovereign debt disputes, which, in turn, undermines the ability of debtor States to comply with their human rights obligations. Given this outcome, the article argues against the use of investment treaty arbitration as a forum to resolve sovereign debt disputes and suggests practical, human rights-oriented solutions that States can implement to preclude this practice. In so doing, the article highlights the need for States and decision-makers in international law to be cognizant of the implications of their actions and to respond pro-actively to developments in international law that generate detrimental outcomes.
History
Publication status
- Published
Publisher
Oxford University PressPage range
494-535Pages
656.0Book title
Yearbook on Investment Law & Policy 2017Place of publication
New YorkISBN
9780198830382Series
Yearbook on International Investment Law and PolicyDepartment affiliated with
- Law Publications
Research groups affiliated with
- Sussex Centre for Human Rights Research Publications
Full text available
- No
Peer reviewed?
- Yes