Access to Justice

Among the critical issues that arise from the interaction of human rights and investment law is whether and how the relatively greater access to justice provided to aggrieved investors by the international investment regime undermines access to justice for other individuals and communities. International investment agreements (IIAs) and investor-state dispute settlement (ISDS) together provide a unique means of access to remedy for foreign investors, which in turn may create or exacerbate barriers to effective remedy for individuals and communities, including those affected by large-scale land-based investment.

CCSI is working to: (1) shed light on exactly how greater access to justice for investors affects individuals and communities; (2) in light of those findings, assess the appropriateness of specific policy options and responses on the part of host government policymakers and home state actors; and (3) develop a strategy to support policymakers and other stakeholders in better assessing and addressing the impacts of IIAs and ISDS on access to justice for investment-affected individuals and communities. Such a strategy could help to counter some of the pressure applied on host governments regarding investor protections. It will also inform a range of stakeholders regarding potential avenues to help rebalance legal protections in the context of large-scale resource investments, including those in land projects. This work is part of a series of projects and activities, supported by UK DFID, looking at legal support gaps and land-based investments.