Systemic Interpretation Of International Law : Reconciling International Investment Agreements And Human Rights

Abstract

International Investment Agreements are undoubtedly today one of the most relevant instruments for States aiming to regulate its relations as home and host State of foreign direct investment. However, as they were created with the single object to protect foreign investment mainly carried out by multinational entities, such isolation from other international norms -both customary and conventional- as well as broad clauses allowing investors to challenge States under expensive international arbitraments, has already shown to have adverse impacts, mainly on the adoption of regulations by States with the purpose to implement or enhance international human rights. As Colombia is already respondent in an arbitrament because the enactment of a measure intended to protect the environment, this article aims to analyse from an academic point of view if a systemic interpretation of international law might be a solution to avoid the aforementioned negative outcomes arising from this fragmentation.