Social rights in international investment law falls into two categories of rights:
II. Treaty practice
III. Legal significance
Admittedly, provisions on social rights are more frequent in the preambles of investment treaties and are often framed in non-binding language in the body of the treaty. When they are so worded, they do not create obligations per se. But they can be seen as means of interpreting other obligations.10
IV. Inter-State disputes settlement
Often expressly excluded from investor-State arbitration,14 provisions relating to social rights sometimes provide for State parties to cooperate in monitoring compliance.15 They are sometimes subject to a consultation mechanism between States on an ad hoc or institutional basis. Some investment agreements establish panels of experts whose conclusions are binding16 or non-binding.17
V. Investor-State arbitration
In the context of investor-State arbitration, social rights issues have been invoked by the respondent State as defense and/or as counterclaims based on the investor’s violation of obligations concerning the respect of social rights. Social rights have been invoked in arbitration cases mainly related to water and sanitation concessions,20 mining activities21 and tobacco packaging.22 In some cases in which the protection of social rights was at issue, the respondent State invoked its human rights obligations in general.23 See further Human rights in investment claims.
Déjà enregistré ?