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Developments in Investment and Human Rights in 2019

Nicholas J. Diamond

From: Investment Claims (http://oxia.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved. date: 30 March 2023

Human rights

This chapter describes several developments in 2019 which demonstrated the increased presence of human rights considerations in international investment law. A small majority of newly signed international investment agreements (IIAs) contain preambular text or provisions relevant for human rights considerations. Several new model agreements, most notably the 2019 Netherlands Model Agreement, likewise contain relevant provisions. Moreover, key developments in the drafting of a legally binding instrument to regulate under international human rights law the activities of transnational corporations and other business enterprises (TNCs/OBEs), as well as the release of the Hague Rules on Business and Human Rights Arbitration (the ‘Hague Rules’), further evidence a noteworthy year. Finally, with respect to investor-state disputes, developments relating to non-disputing party participation continue to impact rights holders and other stakeholder groups seeking to submit amicus briefs.

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