Bear Creek Case: Tribunal Misses “Silver Opportunity” for Holistic Legal Interpretation
By Lise Johnson, Kaitlin Cordes and Jesse Coleman
August 22, 2016
Are a country’s obligations under international human rights law relevant in interpreting its potential liability under investment treaties? Does a company’s responsibility to respect human rights come into play when assessing which of its expectations should be protected in an investment dispute? When important public interest implications of investment treaty interpretations are at stake in the resolution of a company’s treaty-based claims against a government, can amicus curiae –“friend of the court” –briefs help fill in gaps in the parties’ own submissions?