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Boisson de Chazournes, Laurence; Baruti, Rukia --- "Human rights, international investment law and transparency" [2018] ELECD 1212; in Radi, Yannick (ed), "Research Handbook on Human Rights and Investment" (Edward Elgar Publishing, 2018) 137

Book Title: Research Handbook on Human Rights and Investment

Editor(s): Radi, Yannick

Publisher: Edward Elgar Publishing

ISBN: 9781782549116

Section: Chapter 4

Section Title: Human rights, international investment law and transparency

Author(s): Boisson de Chazournes, Laurence; Baruti, Rukia

Number of pages: 21

Abstract/Description:

Transparency trends in international human rights law and international investment law indicate a move towards convergence of procedure and substance. While procedurally, the rights of the public to information and participation under international human rights law have been long established, these are now increasingly emerging in the field of international investment law. Furthermore, acceptance of amicus curiae submissions by human rights bodies and investment arbitration tribunals is a clear manifestation of transparency in both international human rights law and international investment law. Substantively, public participation in governance-related decision-making processes under human rights law is gradually being mirrored under international investment law due to the shared public interest concern for greater transparency. While transparency in both fields is generally desirable, there is a need to ensure a balance between transparency and privacy to avoid jeopardising the integrity of decision-making processes.