Скачать или смотреть Inclusion of Human Rights Clauses in Investment Treaties

Please note that this summary of the panel was AI-generated and therefore has not been fully vetted for accuracy.

The final day of the Washington Arbitration Update 2024 featured a panel moderated by Maria Lucia Casa, focusing on the integration of human rights clauses in investment treaties. Casa, an expert in international arbitration and public international law, introduced the topic, highlighting the ongoing tension between human rights protections and state obligations to foreign investors.

The discussion centered on the historical imbalance in investment arbitration, where states bear obligations without corresponding responsibilities for investors. Panelists included experts from various backgrounds, who examined recent developments in the field of business and human rights, the necessity for due diligence by companies, and the challenges of integrating human rights considerations into investment treaties.

Andres Milpas provided an overview of the business and human rights landscape, emphasizing the inadequacy of existing regulations to effectively govern corporate behavior and protect human rights. He noted the increasing adoption of domestic laws with extraterritorial effects in countries like France and Germany, aimed at holding corporations accountable for human rights abuses.

Santiago, a human rights lawyer, discussed the legal obligations of investors and the need for clearer standards in investment treaties that incorporate human rights protections. He highlighted the importance of recognizing the socio-political context of investments and the necessity for due diligence to avoid human rights violations.

The panel also addressed the role of states in negotiating investment treaties and the need for coherence between investment law and human rights law. Participants underscored the importance of including binding obligations for investors regarding human rights in treaties to ensure accountability.

Overall, the session fostered a robust dialogue on how to balance investment protection with human rights obligations, suggesting that a more integrated approach could lead to better outcomes for both investors and affected communities.

Authors: María Lucía Casas A, Giovanny Vega, Andrés López, Santiago Zuleta, José Antonio Rivas, Sergio Díaz Rodríguez