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52 Hofstra L. Rev. 65 (2023-2024)
Bridging the Gap between International Investment Law and Human Rights

handle is hein.journals/hoflr52 and id is 75 raw text is: BRIDGING THE GAP BETWEEN INTERNATIONAL INVESTMENT LAW AND HUMAN RIGHTS Amin R. Yacoub* The misapplication of vague international investment standards such as the Full Protection and Security has worsened the legitimacy crisis facing the Investor-State-Dispute-Settlement field. Such misappli- cation emanates from the fragmentation of international law in the in- vestment arbitration field, the absence of stare decisis, and the lack of a unified interpretive methodology connecting relevant subfields of inter- national law in investment arbitration. For the first time, this article establishes a doctrinal framework based on multiple international treaties to reconnect international in- vestment law with human rights and international humanitarian law in the application of the Full Protection and Security due diligence stand- ard. Further, it develops a unified interpretive methodology that is grounded in that doctrinal framework. The adoption of this research's suggested interpretive methodology is expected to have wide-ranging positive implications on the Inves- tor-State-Dispute-Settlement practice. First, it shall lead to a doctrinally proper application of the Full Protection and Security investment obli- gation's due diligence standard. Second, it shall promote the respect of international human rights law in the Investor-State-Dispute-Settlement field. Finally, it shall resolve most aspects of the current Investor-State-Dispute-Settlement worldwide legitimacy crisis. * International Lawyer; Legal Scholar and Doctoral (PhD/SJD) Candidate at University of Virginia School of Law; Former Research Scholar at New York University School of Law (2018); LLM in International Law, NYU School of Law, MAHS Scholar (2018); Former Associate at the Arbitration department at DLA Piper (now Matouk Bassiouny Law Firm) (2015-2017). The author would like to thank Paul B. Stephan (UVA) for his valuable comments, ideas, and insights on the successive drafts of this article. The author is also thankful to Robert Howse (NYU) and Pierre- Hugues Verdier (UVA) for their helpful comments. The author also benefited from an email ex- change with Pedro J. Martinez-Fraga while producing the first draft of this article. The author would like to thank the following editors of the Hofstra Law Review for their excellent review and edits: Madison Einhorn, Mikayla Fanto, Emanuele Putrino, Paul Sessa, Alexa Torrens, and the Associate Editors. Any errors or oversights regarding the substance of this research are mine alone. 65