Human rights in international investment law and adjudication : legal methodology questions

This contribution begins with an overview of changing paradigms of international investment regulation, adjudication, and multilevel governance of public goods. It then discusses legal methodology challenges of applying human rights in investment adjudication and the “entry points” for invoking human rights in investment arbitration. The overview of case law on invocation of human rights by investors, home and host states, third parties, and adjudicators suggests that procedural and substantive human rights and related “systemic interpretations” play marginal roles in investment adjudication outside the European Union