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Polanco Lazo, Rodrigo; Mella, Rodrigo --- "Investment arbitration and human rights cases in Latin America" [2018] ELECD 1210; in Radi, Yannick (ed), "Research Handbook on Human Rights and Investment" (Edward Elgar Publishing, 2018) 41

Book Title: Research Handbook on Human Rights and Investment

Editor(s): Radi, Yannick

Publisher: Edward Elgar Publishing

ISBN: 9781782549116

Section: Chapter 2

Section Title: Investment arbitration and human rights cases in Latin America

Author(s): Polanco Lazo, Rodrigo; Mella, Rodrigo

Number of pages: 52

Abstract/Description:

The relationship between international investment and human rights represents a troublesome matter to States that must balance compliance with their international obligations under human rights instruments with the protection of the interests of the investors guaranteed by international investment agreements. This chapter examines cases involving Latin American countries, drawing parallels between the different approaches used by the Inter-American Court of Human Rights and investment treaty arbitral tribunals in disputes that involve both foreign investment and human rights. Closely examining the La Oroya and Renco cases against Peru and the Chevron/Texaco and different human rights cases against Ecuador, we examine whether there is an interaction between both fora, either competitive or collaborative, or if they are in contradiction or isolation. To provide a comparative perspective, the Yukos cases against Russia, brought both before the European Court of Human Rights and several investment arbitral tribunals, are briefly addressed.