The Human Rights Remedy Gap in ISDS – The Potential of the Hague Rules on Business and Human Rights Arbitration

Abstract

The tensions between the protection of human rights and States’ obligations towards foreign investors has been the subject of extensive debates among States, civil society actors, business, and international organizations. The Hague Rules on Business and Human Rights Arbitration represent a recent effort to provide an avenue for resolving claims concerning human rights violations connected to business activities, including investment. These Rules may be linked to or incorporated in national investment laws, state contracts, or International Investment Agreements (IIAs). The Hague Rules aim to fill a currently existing gap in (access to) remedies for rightsholders and help both investors and States to fulfill their human rights obligations under the UNGPs, as well as States’ duties to protect human rights. This paper provides an overview of the Hague Rules and suggests some options for incorporating them into IIAs, national investment laws and contracts