Human rights in international investment law and arbitration edited by pierremarie dupuy, francesco francioni and ernstulrich petersmann oxford university press, 2009. Originally from the impact of eu law on commercial arbitration. This introductory chapter summarizes the main conclusions of parts ii to iv and, together with chapters 7 to 12, places them into the broader context of principles of justice, global. Of course, the abstract reference to rules of international law could be seen to be of little assistance to an investment treaty tribunal in determining whether human rights norms are relevant to the interpretation of an investment treaty to a particular dispute. Key issues and opportunities howard mann senior international law advisor international institute for sustainable. International human rights law main instruments implementation and monitoring selfdetermination indigenous peoples development religion or belief business and human. This contribution shall attempt to throw some light on the role of human rights in international investment arbitration, focusing more particularly on the issues relating to jurisdiction, the. Bilateral investment treaties and international human. 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, investorstate arbitral tribunals and alternative jurisdictions, the risks of legal and jurisdictional fragmentation, the human rights dimensions of. The volume offers a broad range of analysis beginning with current key procedural issues. The interaction between foreign direct investment fdi and human rights is. This article seeks to undermine the general consensus that investment arbitration negatively impacts. The relationship between foreign investment law and international human rights law has. Substantive rules investment arbitration tribunals rely on human rights jurisprudence, to varying degrees, to determine the contents of certain substantive rules.
There are two main human rights dimensions in relation to international commercial arbitration, namely i the effect of human. International investment agreements, business and human. International human rights in bilateral investment. Selected recent developments in iia arbitration and human rights.
Bilateral investment treaties bits, investment arbitration. The hague rules on business and human rights arbitration. The book offers a systematic analysis of the interaction between international investment law, investment arbitration, and human rights, such as the role of national and international courts. Investment protection, human rights, and international arbitration frankfurt investment law workshop 2020 goethe university frankfurt am main, germany campus westend, theodor. Investors are not only protected against 4 on the interaction between. Human rights law in international investment arbitration. Human rights issues can also arise at the other side of the equation, namely with regard to investors rights. Investment protection could be understood as being part of human rights law. The book offers a systematic analysis of the interaction between international investment law, investment arbitration, and human rights, such as the role of. Human rights and international investment arbitration.
International human rights law in investment arbitration. They seem indeed, at first glance, to be relatively separate fields of international law. Request pdf human rights in international investment law and arbitration the book offers a systematic analysis of the interaction between international. Arbitration, international centre for human rights and democratic.
Parts iiii of this paper give an overview of references to human rights mainly at the initiative of host states and nongovernmental third parties, but increasingly also by complainants and. Human rights law in international investment arbitration by vivian. The appeal to human rights in arbitration and international. Selected recent developments in iia arbitration and human. International human rights in bilateral investment treaties and in investment treaty arbitration 11. Human rights in international investment law and arbitration. International arbitration and human rights aceris law. London, uk about blog practical law arbitration provides knowhow in relation to all aspects of arbitration procedure, both in relation to england and wales domestic arbitration.
A cle workshop on investment arbitration and human rights, which gathered experts to examine which human rights issues may be implicated in investment disputes, as well as how and to what extent the issues have been handled by parties and arbitrators. Soft law, international investment agreements iias, corporate social responsibility csr. Applicable law the second requirement for a claim based on human rights to successfully pass the jurisdictional stage is that human rights law is part of the law applicable to the investment dispute. Human rights inapplicable in international investment. The human rights dimensions of commercial arbitration. Introduction the relationship between foreign investment law and international human rights law has attracted a growing. What legal mechanisms and arguments may we employ to assure a harmonious interface of the two.
This thesis considers the intersection of international investment law and international human rights law in icsid arbitration by reference to the fragmentation of public international law. The interaction between foreign direct investment fdi and human rights is without doubt one of the most contentious issues surrounding the contemporary regulation of fdi. Realizing human rights in investment treaty arbitration. Access to justice, denial of justice and international. International investment agreements, business and human rights. They discuss the problems of legal fragmentation of international investment law and human rights law, the need for judicial balancing of statecentered. Pdf the defragmentation of international investment.
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. What are possible, and acceptable, legal avenues for an international investment. The use and misuse of european human rights law in. Access to justice, denial of justice and international investment law francesco francioni abstract the development of investment arbitration in contemporary international law has. The use and misuse of european human rights law by. The role of human rights in international investment law 31 4 some say vattel is the father of the concept of state responsibility. Investment agreements commonly refer to international law in their applicable law clauses. Human rights and international investment law 201 increasing support in the academic community. This is somewhat of an anomaly in the larger context of international law. The issue of consolidation between international arbitration and human rights has always been subject to controversies and doctrinal debates1. Foreign investors usually accused of violating the human rights. Investment arbitration and human rights columbia center. The fair and equitable treatment standard and human rights norms, in human rights in international investment law and arbitration note 89, 339. Via bolognese 156 villa salviati 509 firenze italy.
The role of human rights in international investment law and arbitration is a complex issue. Both private and public international law are examined, including such topics as. Some examples include the definition of regulatory expropriation, the need to exhaust local remedies, the assement of damages and the allocation costs. Claims that investment arbitration negatively affecting human rights but others claims effect overstated see langford, 2011 four approaches in jurisprudence of human rights and. Human rights in international investment law and arbitration, edited by pierre marie dupuy, francesco francioni, and ernstulrich petersmann. Investorstate arbitration, in human rights in international investment law and arbitration 422, 427 p. This chapter discusses problems of legal fragmentation of international investment law and human rights law and related legal methodology questions regarding. Theicjadvisorycommittee this publication benefited from the guidance and critical feedback of the icj advisory committee on international investment law and human rights. The role of human rights in international investment law. Traditionally, international investment treaties were silent on issues of human rights.
Journal of international dispute settlement, volume 11, issue 1, march 2020, pages 150174. The book offers a systematic analysis of the interaction between international investment law, investment arbitration, and human rights, such as the role of national and international courts, investorstate arbitral tribunals and alternative jurisdictions, the risks of legal and jurisdictional fragmentation. It not only raises fundamental questions of regime interaction within the international legal order, but also. Each party will ordinarily select an arbitrator for their dispute, and the two parties will agree upon a third arbitrator or delegate this authority to some other appointing authority. In arbitration, the disputing parties submit their dispute to. The interaction between foreign direct investment fdi and human rights is without doubt one of the most contentious issues surrounding the contemporary regulation of.
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