The Protection of Third-Generation Human Rights in Investor-State Disputes

Abstract

The 1972 Stockholm Declaration and 1992 Rio Declaration are reflective of international law’s commitment to protecting third-generation human rights, which include the rights to a healthy environment as well as rights to economic and social development. Yet, the steady increase of investor-state disputes (“ISDs”) reveals the unscrupulous and exploitative aspects of many investor-state treaties, and consequently, widespread violations of third-generation human rights. Drawing on the rulings by the ICSID, WTO and other tribunals, along with reports and commentaries by various UN Commissions, this paper examines the status of third-generation human rights within the context of investor-state treaties. Through an analysis of current movements by emerging markets away from traditional investment treaties, this paper proposes some key improvements to the investor-state dispute (ISD) regime in the hopes that we can better protect collective rights and public interest within the legal and political frameworks of investor-state treaties.