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Human Rights in International Investment Law and Arbitration

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

ISBN13: 9780199578184
Published: September 2009
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £247.50
Paperback edition , ISBN13 9780199578191



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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.

Series: International Economic Law Series

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Emissions Trading Schemes under International Economic Law ISBN 9780198828709
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The Trade Policy Review Mechanism: A Critical Analysis ISBN 9780198817611
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Small and Medium-Sized Enterprises in International Economic Law
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Domestic Law in International Investment Arbitration ISBN 9780198785736
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Treaty Shopping in International Investment Law ISBN 9780198787112
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Compensation and Restitution in Investor-State Arbitration: Principles and Practice ISBN 9780199601189
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Human Rights in International Investment Law and Arbitration ISBN 9780199578191
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Treaty Interpretation by the WTO Appellate Body ISBN 9780199562237
Published August 2009
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£140.00
Trade and the Environment: Fundamental Issues in International and WTO Law ISBN 9780199562787
Published January 2009
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£100.00
Human Rights and the WTO: The Case of Patents and Access to Medicines ISBN 9780199552177
Published August 2008
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The Future of International Economic Law ISBN 9780199551132
Published May 2008
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International Economic Law 2nd ed ISBN 9780199226948
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International Economic Law 2nd ed ISBN 9780199226931
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£207.50
International Economic Law 2nd ed (eBook) ISBN 9780191021459
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£76.67
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Emerging Principles of International Competition Law ISBN 9780199207527
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£162.50
Human Rights and the WTO: The Case of Patents and Access to Medicines ISBN 9780199215201
Published July 2007
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£137.50
Regional Trade Agreements and the WTO Legal System ISBN 9780199207008
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£42.49
The Structure of Regulatory Competition ISBN 9780199216512
Published September 2006
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£83.00
Regional Trade Agreements and the WTO Legal System ISBN 9780199206995
Published January 2006
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£242.50
Human Rights and International Trade ISBN 9780199285839
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The Constitutionalization of the World Trade Organization ISBN 9780199285846
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Standards of Review in WTO Dispute Resolution ISBN 9780199268924
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The Structure of Regulatory Competition ISBN 9780199267514
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Like Products in International Trade Law
Won-Mog ChoiProfessor of International Trade Law, Ewha Womans University, Seoul, South Korea
ISBN 9780199260782
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Transatlantic Economic Disputes ISBN 9780199261727
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