International investment law and the right to health

  • Catalina Sofía Rizo Massu
Palabras clave: International Court of Justice, Investor-State Dispute Settlement, Precautionary Principle, Right to Health, World Health Organization


This article reflects on the hurdles of the right to health within international
investment dispute settlement. Its main purpose is to analyze the way in which both, the
right to health and property rights should fit there. In doing so, relevant jurisprudence, nor-
mative and pragmatic arguments are provided. Some of the measures and strategies proposed
so far to foster cohabitation between both branches of international law are challenged in an
attempt to demonstrate that none of them will effectively contribute to better protect the
right to health. Likewise, it offers less explored solutions, such as engaging the World Health
Organization and the International Court of Justice, and a shift in the onus of proof through
the application of the Precautionary Principle.

Cómo citar
Rizo Massu, C. S. (2020). International investment law and the right to health. Revista Chilena De Derecho, 47(1), 73-100. Recuperado a partir de