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Human Rights in International Investment Law and Arbitration (eBook)

Edited by: Pierre-Marie Dupuy, Ernst-Ulrich Petersmann, Francesco Francioni

ISBN13: 9780191580437
Published: September 2009
Publisher: Oxford University Press
Country of Publication: UK
Format: eBook (ePub)
Price: £44.16 + £8.83 VAT
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This book offers a systematic analysis of the interaction between international investment law, investment arbitration and human rights, including the role of national and international courts, investor-state arbitral tribunals and alternative jurisdictions, the risks of legal and jurisdictional fragmentation, the human rights dimensions of investment law and arbitration, and the relationships of substantive and procedural principles of justice to international investment law.

  • Part I summarizes the main conclusions of the 24 book chapters and places them into the broader context of the principles of justice, global administrative law and multilevel constitutionalism that may be relevant for the administration of justice in international economic law and investor-state arbitration.
  • Part II includes contributions clarifying the constitutional dimensions of transnational investment disputes and investor-state arbitration, as reflected in the increasing number of arbitral awards and amicus curiae submissions addressing human rights concerns.
  • Part III addresses the need for principle-oriented ordering and the normative congruence of diverse national, regional and worldwide legal regimes, focusing on the pertinent dispute settlement practices and legal interpretation methods of regional economic courts and human rights courts, which increasingly interpret international economic law with due regard to human rights obligations of the governments concerned.
  • Part IV includes twelve case studies on the potential human rights dimensions of specific protection standards (e.g. fair and equitable treatment, non-discrimination), applicable law (e.g. national and international human rights law, rules on corporate social accountability), procedural law issues (e.g. amicus curiae submissions) and specific fundamental rights (e.g. the protection of human health, access to water, and protection of the environment).
These case studies discuss not only the still limited examples of human rights discourse in investor-state arbitral awards; they also probe the potential legal relevance of investor-state arbitration for the judicial recognition, interpretation and balancing of primary rules, such as of investment law and human rights law, in the light of the principles of justice as defined by national and international law.

Subjects:
Human Rights and Civil Liberties, International Trade, eBooks, Arbitration and Dispute Resolution
Contents:
1. I INTRODUCTION AND SUMMARY OF THE BOOK
Introduction and Summary: 'Administration of Justice' in International Investment Law and Adjudication?

II IS THERE A ROLE FOR HUMAN RIGHTS IN INVESTOR-STATE ARBITRATION AND INTERNATIONAL ECONOMIC ADJUDICATION?
2. Human Rights and International Investment Law: A Case for Fragmentation or Unity of Public International Law?
3. Access to Justice, Denial of Justice and International Investment Law
4. Human Rights and International Investment Arbitration
5. Investment Tribunals and Human Rights: Divergent Paths
6. Limits of Commercial Investor-State Arbitration: Need for Appellate Review
7. Transnational Investment Arbitration: From Delegation to Constitutionalization?
8. Constitutional Theories of International Economic Adjudication and Investor-State Arbitration

III JUDICIAL 'BALANCING' OF ECONOMIC LAW AND HUMAN RIGHTS IN REGIONAL COURTS
9. Balancing of Economic Law and Human Rights in the European Court of Justice
10. Economic and Non-Economic Values in the Case Law of the European Court of Human Rights
11. Is the European Court of Human Rights an Alternative to Investor-State Arbitration?
12. Balancing of Human Rights and Investment Law in the Inter-American System of Human Rights ;
IV CASE STUDIES ON PROTECTION STANDARDS AND SPECIFIC HUMAN RIGHTS IN INVESTOR-STATE ARBITRATION
13. Balancing Property Rights and Human Rights in Expropriation
14. Fair and Equitable Treatment in Investment Disputes under ICSID
15. Non-Discriminatory Treatment in Investment Disputes under ICSID
16. Impact of Human Rights on the Applicable Law in NAFTA Investment Disputes?
17. Human Rights Arguments in Amicus Curiae Submissions: Promoting Social Justice?
18. 'Proportional' by What Measure(s)? Balancing Investor Interests and Human Rights by Way of Applying the Proportionality Principle in Investor-State Arbitration
19. Reconciling the Human Rights to Health with Investor's Rights: The Case of Tobacco
20. The Human Rights to Water vs Investor Rights
21. Human Rights Dimensions of Corporate Environment Accountability
22. Environmental Rights, Sustainable Development and Investor Rights
23. The Relevance of Non-Investment Treaty Obligations in Assessing Compensation
24. EU Free Trade Agreements: An Alternative Model for Addressing Human Rights in Foreign Investment Regulation and Dispute Settlement?