The Relation between Human Rights and International Investment Law in Light of the ICSID Jurisprudence

One of the serious concerns of human rights institutions is legal deficiencies of international investment law that could undermine human rights support. The most important way to address this problem is to benefit from the procedures of international investment arbitration. This paper tries to analyze the relation between human rights and international investment law through the analysis of awards issued by ICSID tribunal in the field of human rights, and illustrates the amount of human rights considerations in those awards and contributes to the development and promotion of human rights in international investment law. It is notable that the arbitral practice is positively engaging with human rights obligations of investors. However, it must be recognized that approaches of ICSID investment tribunal towards human rights are not yet based on a fixed procedure. It must be admitted that the development of investment law arbitration on human rights will be a gradual approach.