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Article Volume 3 Issue 5 1083 - 1092 November 4, 2020

Investor State Dispute Settlement and Human Rights

Lead author · Corresponding
Yoshita Kumar
Gujarat National Law University, India
Abstract

​While there are a number of international investment agreements (IIAs) signed till today but maximum of them fail to provide guidance as to how human rights, environmental protection should be included in and addressed in context of investment protection, protecting the right of the people of the host- state. Arbitral tribunal have been for a long time faced disputes which touch upon these issues or sometimes the disputes directly concern issues like environmental protection and human rights, they are still reluctant to address the investor-state dispute with respect to these matters. And due to this there are many instances where the human rights and environmental protection has been compromised to give levy to the investor at the cost of the rights of others. The relationship between human rights and trade is one of the central issues in the 21st century. Investor- state agreements are considered venture and property insurance and that is why the investors do not want to sign an agreement which hampers their free working environment just like including human rights as it in some or the other way restrict certain act as we can observe in the Ethyl case

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Article
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International Journal of Law Management and Humanities, Volume 3, Issue 5, Page 1083 - 1092
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CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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Copyright © IJLMH 2026
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The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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