Master
OA Policy
English

The Promotion of Human Rights in International Investment Law

ContributorsReuse, Océane
DirectorsCima, Elenaorcid
Number of pages54
Master program titleMaster en droit international et européen
Handover date2023
Abstract

Media often relate to human rights violations committed by transnational corporations and their concerning lack of accountability. However, foreign direct investments are a reality in our plurilateral world. Therefore, the purpose of this paper is to try to promote the respect and accountability of foreign corporations concerning human rights within the international investment law system.

This paper is divided into three parts. The first one gives an overview of the importance of human rights in the international investment legal framework, both within hard and soft law. The second part looks at the role investment tribunals can play in promoting or disregarding human rights. The third section addresses the future by proposing different means to strengthen the position of human rights in investment law. One possibility for accomplishing this would be to renegotiate bilateral investment treaties to impose obligations on investors to respect human rights. Alternatively, exporting countries can change their national laws to protect human rights outside of their territory by imposing obligations on domestic corporations.

Progressive, as well as conservative views and examples, were used to illustrate the different propositions. Without being exhaustive, this paper offers a critical analysis of the current system as well as possible improvements for the protection of human rights concerning foreign direct investment. It lets the reader build their own opinion and find the best solution, depending on their own interests and willingness.

Keywords
  • International Investment Law
  • Human Rights
  • Foreign Direct Investment
  • Bilateral Investment Treaty
  • Corporate Code of Conduct
  • Human Rights Due Diligence
  • Responsible Business Initiative
  • Investment Tribunal
NoteMémoire soutenu dans le cadre du "Séminaire de droit international des investissements"
Affiliation entities
Citation (ISO format)
REUSE, Océane. The Promotion of Human Rights in International Investment Law. Master, 2023.
Main files (1)
Master thesis
accessLevelPublic
Identifiers
  • PID : unige:167684
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1076downloads

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Creation01/03/2023 09:11:29
First validation22/03/2023 13:50:11
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