Denial of Justice at the Intersection of Human Rights and International Investment Law: A Case Law Analysis

Abstract

This article examines the interaction between human rights law and international investment law in the context of denial of justice. Although the two legal fields have different foundations, both emphasise the importance of procedural fairness. The analysis asks whether and how denial of justice operates as a functional bridge between these regimes. It focuses on how investment tribunals address claims of denial of justice by reference to human rights law, particularly Article 6(1) of the European Convention on Human Rights. The case law analysis reveals three main themes: convergence, caution, and resistance. The article also considers the role of parallel proceedings, in which the same facts are litigated before investment and human rights fora. Ultimately, the findings suggest that access to justice serves as a bridge between the two fields, illustrating their developing interplay.