| dc.description.abstract | To explore the effects generated by Human Rights in international investment disputes, this study aims to analyze the current legal framework of Human Rights within this field, placing a special focus on the case of Urbaser vs Argentina (2016) and determine if this decision has in-fluenced the international investment dispute system. To do so, I will examine the current legal framework, and the analysis made by the tribunal in Urbaser vs. Argentina to apply this norm to their decision to take jurisdiction over a counterclaim presented by Argentina where a violation of Human Rights by a corporation was the center of the discussion. Before going into the analysis, I considered it necessary to go through the history of the re-lationship between State-Investors disputes and how, even though investors are not subjects of Public International Law, the dynamics of the markets created the norm for them to be on the same level as States and bring them before a dispute system as equals. I will also mention other cases where Human Rights were considered to conclude if there is an actual influence within international arbitration. The structure of this analysis, as mentioned above, centers on the Urbaser vs Argentina case, which involves an investor-state dispute between Urbaser, a Spanish corporation, and the Republic of Argentina, concerning the breach of the Spain and Argentina Bilateral Investment Treaty. To explore the impact of human rights in this context, the thesis draws on the arguments presented by both parties and the subsequent reasoning of the tribunal to accept jurisdiction over the counterclaim presented by Argentina arguing its defense on unproven human rights damages by Urbaser. In his article “Urbaser v Argentina: The Origins of a Host State Human Rights Counter-claim in ICSID Arbitration?” (2017), Edward Guntrip, provides valuable insights about the tribunal's approach to accepting jurisdiction over the counterclaim. As part of my analysis, I will deepen these arguments to underline the methodology used by the tribunal to take jurisdiction and use it as a point of reference to determine whether this decision is a prove that Human Rights are influencing International Investment Arbitration. In addition to Urbaser, I will incorporate other relevant cases that have assessed human rights within international investment arbitration into my analysis. These cases serve to provide a broader perspective on the subject matter. The master thesis also places significant attention on clarifying the legal outline pointing to-wards international investment arbitration and human rights. It examines relevant treaties, inter-national instruments, and usual international rule for understanding the allowed tools that are dominant for the interaction between states and investors. Finally, the thesis concludes with a concise overview of the previous and post-award developments in the Urbaser vs Argentina case. Through a legal dogmatic method, I will analyze if there are subsequent legal, political, or social consequences in international investment arbitration caused by the influence of Human Rights. Overall, this master's thesis seeks to contribute to the ongoing discourse on the influence of human rights in international investment arbitration. By employing Urbaser vs Argentina as a case study, incorporating other relevant cases, and referencing scholarly articles, I aim to provide a comprehensive analysis of the relationship between human rights and investment arbitration. | eng |