Human rights in international investment law and arbitration pdf

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human rights in international investment law and arbitration pdf

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Interactions between international investment law and Indigenous rights are becoming more frequent. On the one hand, there is a quantitative increase in foreign investments. These investments are protected by an ever-denser net of bilateral investment treaties BITs —close to 3, by the end of This entails a considerable risk that investment projects on Indigenous territories—for example, concessions for resource exploitation—encroach upon Indigenous rights. These risks are even more acute given the importance of lands for Indigenous culture.

Human Rights in International Investment Law and Arbitration

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I. Introduction

The article deliberates upon the substantive overlap between rights protected through the human rights regime and privileges conferred to individuals by international investment agreements. In particular, it should be elaborated whether a State violates both human rights law as well as investment treaty provisions if it is responsible for torturing an individual. Subsequently, it will be discussed what consequences such an overlap would entail and what preconditions a victim of torture must fulfil to use the investor-State dispute settlement system as a means of redress. After a brief introduction into the matter, section two will give the reader a general overview of the most significant investment provisions and explain how individuals can bring a claim against a foreign State using the arbitration mechanism provided for in international investment treaties. Section three will analyse the commission of torture as a violation of investment provisions. Both Full Protection and Security clauses as well as International Minimum Standards will be considered as a possible treaty breach before the section will be concluded with deliberations on a potential application of investor-State dispute settlement in case of torture.

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International Investment Law

Qty : UK Delivery working days. This book is also available in other formats: View formats. This book […] goes beyond stating what the law is and focuses on controversies occurring within this area of the law It is authoritative and multi-layered, offering an analysis of the key issues and an insightful assessment of recent trends in the case law, from both developed and developing country perspectives.

Using International Investment Arbitration for Compensating Victims of Torture

The views expressed in this article are those of the author alone. While there are more than 3, international investment agreements IIAs , the majority of them fail to provide guidance as to how issues of human rights and environmental protection should be addressed in the context of investment protection and promotion. Correspondingly, arbitral tribunals faced with claims touching upon these issues or even directly being called to address these issues , are generally reluctant to open the Investor-State Dispute Settlement ISDS door to these matters. As it stands now, arbitral tribunals rarely address human rights or environmental issues, given in particular the jurisdictional and applicable law challenges that arise. These can touch upon issues of the scope of jurisdiction of arbitral tribunals, content of protected rights and even the accountability of investors, the adequate forum, and the participation of third parties in the proceedings.

Key findings: On international investment treaties: There is a large emerging empirical literature looking at the impact of international bilateral investment treaties BITs on foreign direct investment FDI , but findings are mixed on the relationship between BITs and FDI. The evidence points to investment treaties being part of a wider set of forces fostering FDI. Concerns on the influence on sustainable development include: i. On international investment and commercial arbitration: The limited available empirical and anecdotal evidence on the effect of investment arbitration on FDI is mixed; no systematic evidence was found on the effect of commercial arbitration. There are a range of international dispute resolution models, but no agreed standard of good practice. There is an active and inconclusive debate on the effect the rise in investor-state arbitration on domestic legal institutions and rule of law.

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