Accountability Before Arbitration: Examining Investor Breaches of Human Rights in Is ds Jurisprudence.

Abstract

Investor State Dispute Settlement was designed to safeguard capital– but what happens when these capital flows bulldoze communities and uproot rights? This dissertation put investment arbitration under a legal microscope, examining how ICSID tribunal are addressing the dilemma between profit margins and moral margins. Drawing from available ICSID cases, it traces how tribunals juggle investor expectations with host state obligations, particularly when the scales tip toward land dispossessions and environmental harm. By honing in on investor misconduct and tribunals’ interpretative choices, the research exposes the fragility of human rights enforcement in ISDS and its reluctance in holding the investors accountable. It reveals that while tribunals have the tools to acknowledge human rights, they often lack the will or the mandate to do so meaningfully. It contributes to the urgent debate on reimagining investment arbitration as a system responsive not only to capital flows but also to the dignity of affected communities.