Read e-book online Human Rights in International Investment Law and Arbitration PDF

By Pierre-Marie Dupuy,Ernst-Ulrich Petersmann,Francesco Francioni

ISBN-10: 0199578184

ISBN-13: 9780199578184

ISBN-10: 0199578192

ISBN-13: 9780199578191

This booklet deals a scientific research of the interplay among foreign funding legislation, funding arbitration and human rights, together with the function of nationwide and overseas courts, investor-state arbitral tribunals and substitute jurisdictions, the hazards of felony and jurisdictional fragmentation, the human rights dimensions of funding legislation and arbitration, and the relationships of sizeable and procedural ideas of justice to international
investment law.

Part I summarizes the most conclusions of the 24 e-book chapters and areas them into the wider context of the rules of justice, worldwide administrative legislations and multilevel constitutionalism which may be appropriate for the management of justice in foreign financial legislations and investor-state arbitration. half II comprises contributions clarifying the constitutional dimensions of transnational funding disputes and investor-state arbitration, as mirrored within the expanding quantity of
arbitral awards and amicus curiae submissions addressing human rights issues. half III addresses the necessity for principle-oriented ordering and the normative congruence of numerous nationwide, local and around the world felony regimes, concentrating on the pertinent dispute cost practices and criminal interpretation
methods of local financial courts and human rights courts, which more and more interpret overseas monetary legislation with due regard to human rights responsibilities of the governments concerned.

Part IV contains twelve case reviews at the strength human rights dimensions of particular defense criteria (e.g. reasonable and equitable remedy, non-discrimination), appropriate legislation (e.g. nationwide and foreign human rights legislation, principles on company social accountability), procedural legislations concerns (e.g. amicus curiae submissions) and particular basic rights (e.g. the security of human health and wellbeing, entry to water, and security of the environment). those case reviews speak about no longer only
the nonetheless constrained examples of human rights discourse in investor-state arbitral awards; in addition they probe the aptitude criminal relevance of investor-state arbitration for the judicial popularity, interpretation and balancing of basic ideas, similar to of funding legislation and human rights legislation, within the mild of the
principles of justice as outlined via nationwide and overseas law.

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Human Rights in International Investment Law and Arbitration (International Economic Law Series) by Pierre-Marie Dupuy,Ernst-Ulrich Petersmann,Francesco Francioni


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