Addressing (In)Equality in Redress: Human Rights-Led Reform of the Investor-State Dispute Settlement Mechanism

Abstract In the context of ongoing debates concerning reform investor-State dispute settlement (ISDS) mechanism, this article critiques widely-accepted approach that seeks to fit international human rights law (IHRL) into existing structure ISDS and argues IHRL should at least be treated as ‘primus inter pares’ vis-à-vis investment law. Testing on touchstone equality, non-discrimination, an effective remedy, authors demonstrate is incompatible with IHRL. Considering various structural systemic problems, abolishing perhaps only normatively sound solution address incompatibility However, may not politically feasible in near future, articulates eight principles for a human-rights compatible mechanism. We argue these inform current efforts mechanism avoid risk making cosmetic changes.