Urbaser S.A. and Consorcio de Aguas Bilbao Bizkaia, Bilbao Biskaia Ur Partzuergoa v. The Argentine Republic ICSID - American Journal of International Law
Dechert’s International Arbitration Associates David Attanasio and Tatiana Sainati comment in the American Journal of International Law on the Urbaser vs. Argentina arbitral award.
This American Journal of International Law case comment draws out the novel new approach taken in the recent Urbaser vs. Argentina arbitral award to the relation of international human rights and investment law. Instead of viewing these bodies of law as enemies or strangers, it attempts to integrate them harmoniously, on the grounds that an investment occurs in an environment conditioned by human rights law. Further developing this idea, the award considers that this environment, as a matter of natural interpretation, imposes obligations with respect to human rights not only on the State but also on investors. In doing so, the award breaks new ground in extending primary obligations of human rights to corporations and other private actors.