International Investment Law, Investor-State Dispute Settlement, and Human Rights in Nigeria: Toward Coherent Integration

This doctoral research critically examines the relationship between Nigeria's bilateral investment treaty (BIT) obligations, investor-state dispute settlement (ISDS) mechanisms, and the state's regulatory space to fulfil its human rights obligations, developing an original theoretical framework for coherent integration of investment and human rights law in the Nigerian context. International investment arbitration has generated substantial concern globally that investor protection clauses can chill regulatory measures designed to protect human rights, including environmental regulation, labour standards reform, and social service provision. Nigeria has concluded over 30 BITs and has faced several investor arbitration claims at ICSID and UNCITRAL, yet the human rights dimensions of these cases have received scant analytical attention in Nigerian legal scholarship. The research employs a theoretical-doctrinal methodology, analyzing Nigeria's BIT network, reviewing relevant ISDS awards involving Nigeria, and applying the emerging systemic integration principle of international law to map points of tension and coherence between investment and human rights obligations. Theoretical engagement with Sornarajah's reformist international investment law scholarship, the UN Special Rapporteur on Foreign Debt and Human Rights' ISDS reports, and the UNCTAD reform framework informs the original framework construction. The dissertation proposes an original Nigerian Investment and Human Rights Integration Model incorporating mandatory human rights impact assessments in BIT negotiations, human rights counterclaim provisions in ISDS, and carve-outs for bona fide human rights regulation. Keywords: investment law, ISDS, human rights, bilateral investment treaties, Nigeria.