Human rights and investor obligations in investor-state arbitration

Journal (part) article
Published: January 2016
Product code:X00150
Source publication:
The Journal of World Investment and Trade

The relationship between international investment law and international human rights law raises probing questions about the structure and content of international law. Yet despite much scholarly and activist debate, human rights issues have tended to have a relatively marginal place in international investor-state arbitration. The arbitral award Hesham Talaat M Al-Warraq v The Republic of Indonesia represents a departure from this trend. The award concerns allegations of mistreatment in criminal proceedings conducted by Indonesian authorities. In interpreting the relevant investment treaty, the arbitral tribunal relied extensively – and almost exclusively – on international human rights law. The award is also notable for its discussion of investor obligations – another issue that has attracted much recent debate. This short article discusses the award and its wider significance for both international investment law and international human rights law.