The tension that has been witnessed in recent years between the law of foreign investment which guarantees investors' protections and legitimate expectations, on one hand, and the need not to unduly restrict the right of host governments to implement their public policy, including the protection of the environment and human rights, and the promotion of social and economic justice within the host country, on the other, is the result of the growing concern of the wider stakeholders about the developments within this area of law. The issues relating to the need to reconcile public interests with private interests within international investment law has in recent been a matter of debate both within and beyond the traditional legal academic literature. It is in this context that this chapter examines some possible options designed to reconcile public interests with private interests in international investment arbitration and to secure an effective remedy for investment-related human rights violations globally in general and in Asia in particular. In doing so, this chapter focusses on the human rights issues raised by economic and other land concessions in many developing countries and various options for remedy for those adversely affected by such concessions.

Chapter III explores the terms in which international human rights law governs the conduct of Executive Directors as member State representatives in international financial institutions and how their responsibility may ultimately be engaged in case of human rights violations. Inspired by rule of law requirements of legality, and the constitutional values of representation and responsiveness, the first part of the chapter examines how these elements have been incorporated in the human rights regime. The notion that member States have a due diligence duty to ensure that human rights are respected and protected throughout institutional operations is analysed in two particular instances, notably, in their role as participants in institutional decision-making, as well as creators of the organisation’s structure and operational framework. The final part of the Chapter examines how member States’ failure to act diligently brings about their international responsibility. It thus analyses the various elements that define the determination of wrongfulness, as well as the provision of remedies to victims. In so doing, it addresses questions such as that of standing, of causality, and the division of reparation duties among multiple member States and the international financial institution.