Human Rights in International Investment Law and Arbitration

by Pierre-Marie Dupuy (Editor), Ernst-Ulrich Petersmann (Editor), Francesco Francioni (Editor)

Overview

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.

Product Details

ISBN-13:	9780191580437
Publisher:	OUP Oxford
Publication date:	09/10/2009
Series:	International Economic Law Series
Sold by:	Barnes & Noble
Format:	eBook
File size:	3 MB

About the Author

Pierre-Marie Dupuy is Professor of public international law at the Graduate Institute of International and Development Studies in Geneva. He is on leave from the Université de Paris II (Panthéon-Assas) and was Professor at the European University Institute in Florence from 2000 to September 2008. Professor Dupuy has an extensive experience in the field of international dispute settlement and international arbitration including in the framework of ICSID and UNCITRAL. Francesco Francioni holds a doctorate in law from the University of Florence and an LL.M from Harvard University. Currently, he holds the chair of international law and human rights at the European University Institute and is visiting professor at the University of Texas. Other visiting appointments include the University of Oxford and Cornell Law School. He has been a delegate of the Italian government in many international negotiations especially in the field of environmental protection and cultural heritage. Prof. Dr. Ernst-Ulrich Petersmann holds the chair for international and European law at the European University Institute and was previously professor at the University of Geneva and its Graduate Institute for International Studies. He has practised international economic law for more than 30 years as legal advisor in GATT and the WTO, legal advisor, member or chairman of numerous GATT and WTO dispute settlement panels, and German representative in numerous European and international organizations. His publications include 25 books and more than 200 articles and book contributions.

Table of Contents

1. I INTRODUCTION AND SUMMARY OF THE BOOKIntroduction and Summary: 'Administration of Justice' in International Investment Law and Adjudication?, Prof. E.U.PetersmannII IS THERE A ROLE FOR HUMAN RIGHTS IN INVESTOR-STATE ARBITRATION AND INTERNATIONAL ECONOMIC ADJUDICATION?2. Human Rights and International Investment Law: A Case for Fragmentation or Unity of Public International Law?, Prof. P.M. Dupuy3. Access to Justice, Denial of Justice and International Investment Law, Prof. F. Francioni4. Human Rights and International Investment Arbitration, Prof. C. Schreuer and C. Reiner5. Investment Tribunals and Human Rights: Divergent Paths, Prof. M. Hirsch6. Limits of Commercial Investor-State Arbitration: Need for Appellate Review, J.Werner7. Transnational Investment Arbitration: From Delegation to Constitutionalization?, Prof. A. Stone Sweet and Florian Grisel8. Constitutional Theories of International Economic Adjudication and Investor-State Arbitration, Prof. E.-U. PetersmannIII JUDICIAL 'BALANCING' OF ECONOMIC LAW AND HUMAN RIGHTS IN REGIONAL COURTS9. Balancing of Economic Law and Human Rights in the European Court of Justice, Prof. B. de Witte10. Economic and Non-Economic Values in the Case Law of the European Court of Human Rights, Prof. P. de Sena11. Is the European Court of Human Rights an Alternative to Investor-State Arbitration?, Prof. U. Kriebaum12. Balancing of Human Rights and Investment Law in the Inter-American System of Human Rights, Prof. P. NikkenIV CASE STUDIES ON PROTECTION STANDARDS AND SPECIFIC HUMAN RIGHTS IN INVESTOR-STATE ARBITRATION13. Balancing Property Rights and Human Rights in Expropriation, Prof. J. Waincymer14. Fair and Equitable Treatment in Investment Disputes under ICSID, Dr. I. Tudor-Knoll15. Non-Discriminatory Treatment in Investment Disputes under ICSID, Dr. F. Ortino16. Impact of Human Rights on the Applicable Law in NAFTA Investment Disputes?, J. Cantegreil17. Human Rights Arguments in Amicus Curiae Submissions: Promoting Social Justice?, Dr. James Harrison18. 'Proportional' by What Measure(s)? Balancing Investor Interests and Human Rights by Way of Applying the Proportionality Principle in Investor-State Arbitration, J.Krommendijk and Dr. John Morijn19. Reconciling the Human Rights to Health with Investor's Rights: The Case of Tobacco, Dr. V. Vadi20. The Human Rights to Water vs Investor Rights, P. Thielbörger21. Human Rights Dimensions of Corporate Environment Accountability, Dr. E. Morgera22. Environmental Rights, Sustainable Development and Investor Rights, Prof. R. Pavoni23. The Relevance of Non-Investment Treaty Obligations in Assessing Compensation, Dr. L. Liberti24. EU Free Trade Agreements: An Alternative Model for Addressing Human Rights in Foreign Investment Regulation and Dispute Settlement?, A. Dimopoulos