Human Rights Impact Litigation in ISDS: A Proposal for Enabling Private Parties to Bring Human Rights Claims Through Investor-State Dispute Settlement
Human Rights Impact Litigation in ISDS: A Proposal for Enabling Private Parties to Bring Human Rights Claims Through Investor-State Dispute Settlement
This Note provides the first account of how private investors and domestic communities can intentionally and systematically use the Investor-State Dispute Settlement (ISDS) regime to vindicate human rights claims. It offers a strategic roadmap for social impact bondholders and domestic actors to advance human rights by rooting their ISDS claims in three legal concepts: indirect expropriation, fair and equitable treatment, and the Tokios Tokelés doctrine.
CITATION: Bradlow, Adam H.. Human Rights Impact Litigation in ISDS: A Proposal for Enabling Private Parties to Bring Human Rights Claims Through Investor-State Dispute Settlement . Yale : Yale University Press , 2018. Yale Journal of International Law, Vol. 43, IssueNo. 2, Winter 2018, pp. 355-390 - Available at: https://library.au.int/human-rights-impact-litigation-isds-proposal-enabling-private-parties-bring-human-rights-claims