Human Rights in International Investment Law and Arbitration.

Format:

Book

Author/Creator:

Dupuy, Pierre-Marie.

Contributor:

Petersmann, Ernst-Ulrich.

Francioni, Francesco.

Series:

International Economic Law Series

Language:

English

Subjects (All):

Investments, Foreign (International law).

Human rights.

Arbitration and award.

Physical Description:

1 online resource (646 p.)

Edition:

1st ed.

Place of Publication:

Oxford : OUP Oxford, 2014.

Language Note:

English

Summary:

There is a growing interplay between international investment law, arbitration and human rights. This book offers a systematic analysis of this interaction, exploring the role of principles of justice in investment law, comparing investment arbitration with other courts, and examining case studies on human rights and protection standards.

Contents:

Intro

Contents

Table of Cases

List of Abbreviations

List of Contributors

I. INTRODUCTION AND SUMMARY OF THE BOOK

1. Introduction and Summary: 'Administration of Justice' in International Investment Law and Adjudication?

I. Judicial Administration of Justice in IEL?

II. Is There a Role for Human Rights in Investor-State Arbitration and International Economic Adjudication?

III. Judicial 'Balancing' of Economic Law and Human Rights in Regional Courts

IV. Investor-State Arbitration and Human Rights - Case Studies on 'Protection Standards' and Human Rights

V. Conclusions: The Need for a Constitutional Theory of International Economic Adjudication

VI. Complementary Functions of 'Constitutional' and 'Global Administrative Law' Approaches to Investment Law

II. IS THERE A ROLE FOR HUMAN RIGHTS IN INVESTOR-STATE ARBITRATION AND INTERNATIONAL ECONOMIC ADJUDICATION?

2. Unification Rather than Fragmentation of International Law? The Case of International Investment Law and Human Rights Law

I. Introduction

II. Origins

III. Content

IV. Means of Adjudication

V. General Conclusion

3. Access to Justice, Denial of Justice, and International Investment Law

I. A Brief Historical Introduction

II. Access to Justice as an Investor's Right

III. Access to Justice by Individuals and Groups Affected by the Investment

IV. Access to Justice for the Protection of Extraterritorial Investors

V. Conclusion

4. Human Rights and International Investment Arbitration

II. Jurisdiction over Human Rights Issues

III. Human Rights Law as Applicable Law

IV. Corporate Social Responsibility

V. Invocation of Human Rights in Arbitrations

VI. Conclusion

5. Investment Tribunals and Human Rights: Divergent Paths

II. The Case Law of Investment Tribunals.

III. Investment Tribunals' Approach

IV. International Investment and Human Rights Law: Divergent Paths

V. Concluding Remarks

6. Limits of Commercial Investor-State Arbitration: The Need for Appellate Review

7. Transnational Investment Arbitration: From Delegation to Constitutionalization?

I. Principals and Agents

II. Judicialization

III. The Case of ICSID

IV. Conclusions

8. Constitutional Theories of International Economic Adjudication and Investor-State Arbitration

II. The Rule of Law Depends on 'Constitutional Justice'

III. From 'Principal-Agent Theory' to Constitutional Theory in International Trade Governance and the WTO Dispute Settlement System

IV. Constitutional Pluralism: Diversity of 'Constitutional Interpretations' of IEL by European Courts

V. Lessons from the European 'Solange Method' of Judicial Cooperation Beyond Europe?

VI. Conditional 'Solange Cooperation' for Coordinating Competing Jurisdictions in International Trade and Environmental Law beyond Europe?

VII. The Need for a Constitutional Theory of Judicial Review of IEL: The Example of Investor-State Arbitration

VIII. Conclusion: Judicial Protection of Rule of Law Depends on Respect for 'Constitutional Justice'

III. JUDICIAL 'BALANCING' OF ECONOMIC LAW AND HUMAN RIGHTS IN REGIONAL COURTS

9. Balancing of Economic Law and Human Rights by the European Court of Justice

II. The Role of Fundamental Rights in the Court's Control of the European Union's Economic Regulation

III. Member State Interference with Common Market Freedoms and the Fundamental Rights Dimension

IV. Private Interference with Economic Activity and the Role of Fundamental Rights

10. Economic and Non-Economic Values in the Case Law of the European Court of Human Rights

I. Opening Remarks.

II. Economic and Non-Economic Values in the Evolution of the Notions of 'Possession' and 'Interference'

III. Public Utility and Non-Discrimination in International Law on Foreign Investments and in the European Convention

IV. Economic and Non-Economic Values in the Framework of the 'Assessment of Proportionality'

V. Final Remarks

11. Is the European Court of Human Rights an Alternative to Investor-State Arbitration?

II. Jurisdiction

III. Merits

12. Balancing of Human Rights and Investment Law in the Inter-American System of Human Rights

II. General Legal Framework

III. Conflicts Between International Protection of Human Rights and the Protection of Investments

IV. CASE STUDIES ON PROTECTION STANDARDS AND SPECIFIC HUMAN RIGHTS IN INVESTOR-STATE ARBITRATION

13. Balancing Property Rights and Human Rights in Expropriation

II. The Nature of Property Rights and Human Rights

III. The Problem of Expropriation

IV. Applicable International Law and Investment Protection

V. Analysis of the Jurisprudence and Its Human Rights Implications

VI. Exceptions for Human Rights and Related Purposes

VII. The Role of Adjudication

VIII. Conclusion

14. The Fair and Equitable Treatment Standard and Human Rights Norms

II. Diversity of Formulations in FET Clauses

III. HR and FET

IV. Conclusion

15. Non-Discriminatory Treatment in Investment Disputes

II. Non-Discrimination Provisions in IIAs

III. National Treatment Standard: Delineating the Concept

IV. Investment Jurisprudence Interpreting the NT Standard

V. Inconsistency of Interpretations, Human Rights, and the Emerging System of International Investment Law.

16. Implementing Human Rights in the NAFTA Regime - The Potential of a Pending Case: Glamis Corp v USA

II. The Glamis Case: An Example of Human Rights Litigation Under NAFTA Chapter 11

III. The Current Litigation of Human Rights in the Glamis Case

IV. Some Mischaracterization of Human Rights Stakes in the Glamis Case

V. Elements in Support of a Proactive Adjudication Regarding Human Rights

17. Human Rights Arguments in Amicus Curiae Submissions: Promoting Social Justice?

II. International Investment Arbitration in a Social Justice Context

III. The Role of Amicus Submissions in Investment Treaty Arbitration

IV. Human Rights and Amicus Submissions

V. Benefits and Problems of Human Rights Interventions through Amicus Submissions in Investment Arbitration Proceedings

VI. Conclusions and Broader Impact

18. 'Proportional' by What Measure(s)? Balancing Investor Interests and Human Rights by Way of Applying the Proportionality Principle in Investor-State Arbitration

II. Before Balancing: Assessing the Legal Relevance and Deeper Significance of Human Rights for Investor-State Arbitration

III. Behind Balancing: A Close Look at the Interpretation of the Proportionality Principle in Investor-State Arbitration Practice Relating to Expropriation

IV. Beneath Balancing: From Applicability to Invocation and Effective Interpretation of Human Rights in Investor-State Arbitration

19. Reconciling Public Health and Investor Rights: The Case of Tobacco

II. International Health Governance and Tobacco Control

III. International Investment Governance

IV. Case Studies

V. Policy Options

VI. Conclusions

20. The Human Right to Water Versus Investor Rights: Double-Dilemma or Pseudo-Conflict?

I. Introduction.

II. The Right to Water as a Human Right

III. Three Case Studies on Water and Foreign Investment

IV. Categories of Violations of the Right to Water and Some

V. Conclusion and Outlook

21. Human Rights Dimensions of Corporate Environmental Accountability

II. What Is Corporate Environmental Accountability?

III. Why Does Corporate Environmental Accountability Matter for International Investment?

IV. What Are the Human Rights Dimensions of Corporate Environmental Accountability?

V. A Practical Example: the IFC Ombudsman's Role in Ensuring Corporate Environmental Accountability

22. Environmental Rights, Sustainable Development, and Investor-State Case Law: A Critical Appraisal

II. Status and Relevance of International Environmental Law in Investor-State Disputes

III. The 'Like Circumstances of Investors' Test as a Gateway to Environmental Principles and Rights: The SD Myers

IV. Participatory Rights at the National Level and Investor- State Case Law

23. The Relevance of Non-Investment Treaty Obligations in Assessing Compensation

II. Non-Investment Treaty Obligations in Investment Disputes Case Law: Are They Relevant in the Assessment of Compensation?

III. The Specific Relevance of the Obligations of the UNESCO Convention in the SPP v Egypt Case

IV. Concluding Remarks

24. EC Free Trade Agreements: An Alternative Model for Addressing Human Rights in Foreign Investment Regulation and Dispute Settlement?

II. The Substantive Scope of EC FTA Provisions on Foreign Investment

III. Dispute Settlement in EC FTAs

IV. Human Rights Considerations in EC FTAs

V. Practical Implications of EC FTAs Human Rights Considerations

VI. Future Developments

Index

A

B

C

D

E

F

G

H.

I.

Notes:

Description based upon print version of record.

Description based on publisher supplied metadata and other sources.

ISBN:

0-19-172256-1

0-19-158271-9

0-19-158043-0

OCLC:

868923878