Resolving the crises of human rights law

This thesis titled ‘Resolving the crises of human rights law within the purview of InternationalInvestment Law: A path to reduce fragmentation’ has undertaken the work to understand howhuman rights have not been given due significance in the Investment arbitration jurisprudence. Itwill study various treaty measures undertaken from 2018 onwards in particular to understand theimpact of the remedial measures taken by states to address human rights issues at par with theirdomestic public interests’ commitments.It will provide solutions to fragmentation existing at present. With respect to the same the thesisshall consider tension or conflict originating between public interest versus private interests. Thethesis shall also consider as to how the investment arbitration regime has become more centeredtowards protection of investors but again I am countering this argument through a literature reviewof an article that stipulates as to how home states and host states are now both regaining theground to regulate the field- which does not imply the return of diplomatic protection but to ensurethat regulatory space is maintained for implementation of and discharging their internationalhuman rights obligations and commitments. It is to be understood throughout the study how theconcept of ‘Regulatory Chill’ has unfurled over the fears of investors filing or threatening to fileexpensive and timer consuming arbitration against the host-states often resulting in states beinghesitant to formulate or implement rules regulations and policies with respect to the same. HumanRights – specially the second and third generation rights have been effected.It will undertake study not just of the ICSID regime but at times makes a due reference to regimesuch as that of the UNCITRAL and UNCTAD to understand variances in practices.However not all has boded in a wrong direction the author has attempted an effort to collatevarious regulatory and policy remedial measures to limit the drawbacks of the differences betweenInternational Investment law and International Human Rights Law – by basing these measures onreference to Public International Law.