EU Human Rights, International Investment Law and Participation : Operationalizing the EU Foreign Policy Objective to Global Human Rights Protection / by Vivian Kube.

Format:

Book

Author/Creator:

Kube, Vivian, Author.

Series:

Interdisciplinary Studies in Human Rights, 2509-2960 ; 4

Language:

English

Subjects (All):

Civil rights.

Human rights.

International law.

Trade.

Social responsibility of business.

European Fundamental Rights and Freedoms.

Human Rights.

International Economic Law, Trade Law.

Corporate Social Responsibility.

Local Subjects:

European Fundamental Rights and Freedoms.

Human Rights.

International Economic Law, Trade Law.

Corporate Social Responsibility.

Physical Description:

1 online resource (337 pages).

Edition:

1st ed. 2019.

Place of Publication:

Cham : Springer International Publishing : Imprint: Springer, 2019.

Summary:

This book demonstrates how human rights obligations of the EU foreign constitution can be operationalized in the realm of international economic regulation. The content is divided into three major parts. The first outlines the legal foundations needed for the EU to become a shaper of international investment law, which include the general principles and objectives of EU external policies, the Charter of Fundamental Rights, international human rights and the international investment competences of the EU. The second part demonstrates the current international investment regime’s incompatibility with human rights interests, while the third analyzes two mechanisms stemming from trade Law – ex-ante human rights impact assessments and civil society monitoring bodies – and explores whether they could mitigate the current inequalities in the protection of rights. The potential of these mechanisms, the book argues, lies in their capacity to ensure a comprehensive assessment of all interests at stake, and to empower traditionally marginalized rights-holders to make, shape and contest the international investment regime.

Contents:

Introduction: The EU Objective to Global Human Rights Protection and Becoming an Actor in International Investment Law

Part I

The Legal Equipment: Competence, Constraints and Objectives

EU Human Rights as a Framework for Foreign Policies

The International Investment Competence of the EU

Part II

The Context: Entering an Unjust Regime?.-Tensions Between the International Investment Regime and Human Rights: A Regulatory Tilt?

The EU Approach to International Investment Agreements

Part III

Resolving the Failures, Utilizing the Possibilities: Two Proposals

Assessment and Participation Through Human Rights Impact Assessments

Consultation and Participation Through Domestic Advisory Groups and Civil Society Meetings

Concluding Remarks on the EU Obligation to Empower Neglected Interests and on Ways Forward to More Inclusive Global Economic Regulation.

Notes:

Includes bibliographical references.

ISBN:

3-030-20607-6