Investors' Rights and Human Rights in International Investment Law

The paper is dedicated to the analysis of international investment law, in particular, the human rights considerations and interest balance. The author studied the international investment arbitration cases in which the issue was discussed. It was found out that there is no existing logic that would help the tribunal to find such a balance within the procedure. The research is of current interest for several reasons. International integration makes states to create comfortable legal and economic conditions for running of international business. As consequence, there are a lot of transnational corporations all over the world. Bilateral and Multilateral Investment Treaties do not impose any duties and obligations on investors, thus, creating a particular risk for the third parties. On the other hand, states also try to stipulate rules of Bilateral and Multilateral Investment Treaties, which have some exceptions for a state to breach provisions, for example, public purpose, thus, violation the investors' interest. At the present moment, there is no common approach for the tribunal to overcome the problem. The author brings two approaches in order to reach the balance: ex ante and ex post. In regard the first one, it is suggested new provisions to be added into the Investment Treaties: investor obligations, the investment law sources to rely on and the scope of the expropriation regulation. The second approach presents the logic for the investment tribunal to follow in order to find a balance between investment and third party interest.