The ‘de-fragmentation’ of international investment law and international human rights law: a procedural basis for a host state human rights defence in ICSID arbitration

Abstract

This thesis considers the intersection of international investment law and international human rights law in ICSID arbitration by reference to the ‘fragmentation’ of public international law. More specifically, it argues that it is possible to establish a procedural basis for a host state human rights defence in ICSID arbitration. Utilising a systemic conception of public international law driven by state consent, it is posited that regime conflict between international investment law and international human rights law in ICSID arbitration justifies the introduction of a host state human rights defence. By reference to the ICSID Arbitral Rules, this thesis establishes a viable basis for the introduction of international human rights law into ICSID arbitration by a host state. Finally, it is argued that a procedural basis for a host state human rights defence in ICSID arbitration has the ability to ‘de-fragment’ international investment law and international human rights law.