This paper illustrates the importance of social, economic, and cultural rights and shows that these rights are not completely protected, especially in international investment law. Thus, the judgments resulting from the disputes between the States and investors can affect the realization of social rights, since authorities can drastically restrict the power of the State. Therefore, it is necessary that the arbitrators submit to human rights. As a result, at the Max Planck Institute for Comparative Public Law and International Law, a constitutional theory known as Ius Constitutionale Commune in Latin America was developed, which allows arbitrators so submit to human rights, as well as to make decisions based on human rights courts v. g. Inter-American court of Human Rights.