Human Rights in International Investment Law and Arbitration
Pierre-Marie Dupuy, Ernst-Ulrich Petersmann, and Francesco Francioni
Abstract
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, 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 twenty-four book chapters and places them into the broader context of ‘p ... More
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, 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 twenty-four book chapters and places them into the broader context of ‘principles of justice’, ‘global administrative law’, and of ‘multilevel constitutionalism’ that may be relevant for judicial ‘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 ‘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. Part IV includes twelve case studies on potential human rights dimensions of specific ‘protection standards’, applicable law, procedural law issues, and specific fundamental rights. 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’ in the light of ‘principles of justice’, as defined by national and international law.
Keywords:
international investment law,
investment arbitration,
human rights,
national courts,
international courts,
legal fragmentation,
jurisdictional fragmentation,
principles of justice
Bibliographic Information
Print publication date: 2009 |
Print ISBN-13: 9780199578184 |
Published to Oxford Scholarship Online: February 2010 |
DOI:10.1093/acprof:oso/9780199578184.001.0001 |
Authors
Affiliations are at time of print publication.
Pierre-Marie Dupuy, editor
Professor of Public International Law, Graduate Institute of International and Development Studies in Geneva
Ernst-Ulrich Petersmann, editor
Professor of International and European Law and Head of the Law Department, European University Institute, Florence
Francesco Francioni, editor
Professor of International Law and Human Rights, European University Institute, Florence
Author Webpage
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