Unanticipated consequences: the human rights implications of bringing sovereign debt disputes within investment treaty arbitration

Bohoslavsky, Juan Pablo and Guntrip, Edward (2018) Unanticipated consequences: the human rights implications of bringing sovereign debt disputes within investment treaty arbitration. In: Yearbook on Investment Law and Policy 2017. Yearbook of International Investment Law and Policy . Oxford University Press. (Accepted)

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Abstract

The actions of States and decision-makers in international law can generate unanticipated consequences that are capable of spanning various legal regimes. This article considers how the lack of a precise definition of the term ‘investment’ in international investment law has permitted investment treaty arbitration to become a forum for the resolution of sovereign debt disputes, which, in turn, undermines the ability of debtor States to comply with their human rights obligations. Given this outcome, the article argues against the use of investment treaty arbitration as a forum to resolve sovereign debt disputes and suggests practical, human rights-oriented solutions that States can implement to preclude this practice. In so doing, the article highlights the need for States and decision-makers in international law to be cognizant of the implications of their actions and to respond pro-actively to developments in international law that generate detrimental outcomes.

Item Type: Book Section
Schools and Departments: School of Law, Politics and Sociology > Law
Research Centres and Groups: Sussex Centre for Human Rights Research
Subjects: K Law > KZ Law of Nations
Depositing User: Edward Guntrip
Date Deposited: 29 Jun 2018 10:48
Last Modified: 29 Jun 2018 10:48
URI: http://srodev.sussex.ac.uk/id/eprint/76368
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