Investor-state arbitration and human rights / by Filip Balcerzak.

Format:

Book

Author/Creator:

Balcerzak, Filip, author.

Series:

International studies in human rights ; Volume 119.

International Studies in Human Rights, 0924-4751 ; Volume 119

Language:

English

Subjects (All):

Investments, Foreign (International law).

International commercial arbitration.

Investments, Foreign--Law and legislation.

Investments, Foreign.

Human rights.

Arbitration and award.

Physical Description:

1 online resource (323 pages).

Place of Publication:

Leiden, Netherlands ; Boston, [Massachusetts] : Brill Nijhoff, 2017.

Summary:

In Investor – state arbitration and human rights Filip Balcerzak examines the interrelations between human rights and international investment law. The work discusses whether, and how, human rights arguments may be presented in the course of arbitral proceedings based on investment treaties. The work identifies three model situations, derived from existing arbitral jurisprudence, which provide the backdrop and methodological tool underpinning the book’s legal analysis. The work considers the perspectives of both host states and investors and analyzes all stages of arbitral proceedings – jurisdiction, admissibility, merits, compensation and costs – to determine the potential impact of human rights on the outcome of proceedings.

Contents:

Introduction

Model Situations When Human Rights are Relevant for Investor – State Arbitration

Human Rights Context of Jurisdiction and Admissibility in Investor – State Arbitration

The Impact of Human Rights on the Merits of Investor – State Arbitration

Compensation and Costs in Investor – State Arbitration and the Issue of Human Rights

Conclusions.

Notes:

Includes bibliographical references and index.

Description based on print version record.

Other Format:

Online version: Balcerzak, Filip, author. Investor-state arbitration and human rights

ISBN:

9789004339002 (e-book)

Publisher Number:

10.1163/9789004339002 DOI