In this issue of the Faculty of Jurisprudence Magazine (RFJ), we aim to open a space for critical reflection on the tensions between human rights protection and international investment arbitration. In an increasingly interconnected global context, domestic decisions of States—including those made by their courts in defense of public interest or fundamental rights—may come under review by international courts in disputes involving foreign investment.

This phenomenon, known as international commercial arbitration or investment arbitration, can result in domestic judicial decisions aimed at environmental damage remediation, protection of vulnerable communities, or guaranteeing social rights being challenged by foreign investors who perceive their interests as affected. This poses a complex scenario of confrontation between state sovereignty, corporate responsibility, and the effectiveness of international dispute resolution mechanisms.

Through the articles in this issue, various paradigmatic cases, legal instruments, and doctrinal perspectives are analyzed, highlighting the need to reconsider the limits and scope of international arbitration in light of the imperative to protect human rights. The magazine thus invites the academic and legal community to an interdisciplinary dialogue aimed at fostering a more balanced and just approach to resolving disputes between investors and States.

Published: 2025-06-30