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This book analyses the way in which international human rights law
(IHRL) and international investment law (IIL) are deployed - or
fail to be deployed - in conflict countries within the context of
natural resources extraction. It specifically analyses the way in
which IIL protections impact on the parallel protection of
economic, social and cultural rights (ESC rights) in the host
state, especially the right to water. Arguing that current
responses have been unsatisfactory, it considers the emergence of
the 'Protect, Respect and Remedy' framework and the Guiding
Principles for Business and Human Rights (jointly the Framework) as
a possible analytical instrument. In so doing, it proposes a
different approach to the way in which the Framework is generally
interpreted, and then investigates the possible applicability of
this 'recalibrated' Framework to the study of the IHRL-IIL
interplay in a host country in a protracted armed conflict:
Afghanistan. Through the emblematic example of Afghanistan, the
book presents a practical dimension to its legal analysis. It
uniquely portrays the elusive intersection between these two bodies
of international law within a host country where the armed conflict
continues to rage and a full economic restructuring is taking place
away from the public eye, not least through the deployment of IIL
and the inaction - or merely partial consideration - of IHRL. The
book will be of interest to academics, policy-makers, and
practitioners of international organisations involved in IHRL, IIL
and/or deployed in contexts of armed conflict.
This book analyses the way in which international human rights law
(IHRL) and international investment law (IIL) are deployed - or
fail to be deployed - in conflict countries within the context of
natural resources extraction. It specifically analyses the way in
which IIL protections impact on the parallel protection of
economic, social and cultural rights (ESC rights) in the host
state, especially the right to water. Arguing that current
responses have been unsatisfactory, it considers the emergence of
the 'Protect, Respect and Remedy' framework and the Guiding
Principles for Business and Human Rights (jointly the Framework) as
a possible analytical instrument. In so doing, it proposes a
different approach to the way in which the Framework is generally
interpreted, and then investigates the possible applicability of
this 'recalibrated' Framework to the study of the IHRL-IIL
interplay in a host country in a protracted armed conflict:
Afghanistan. Through the emblematic example of Afghanistan, the
book presents a practical dimension to its legal analysis. It
uniquely portrays the elusive intersection between these two bodies
of international law within a host country where the armed conflict
continues to rage and a full economic restructuring is taking place
away from the public eye, not least through the deployment of IIL
and the inaction - or merely partial consideration - of IHRL. The
book will be of interest to academics, policy-makers, and
practitioners of international organisations involved in IHRL, IIL
and/or deployed in contexts of armed conflict.
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