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Books > Law > International law > Settlement of international disputes > International arbitration
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Human Rights in International Investment Law and Arbitration (Paperback, New)
Loot Price: R2,487
Discovery Miles 24 870
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Human Rights in International Investment Law and Arbitration (Paperback, New)
Series: International Economic Law Series
Expected to ship within 12 - 17 working days
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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.
General
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