Human rights in international investment law and arbitration /
Dupuy, Pierre-Marie; Francioni, Francesco and Petersmann, Ernst-Ulrich
Human rights in international investment law and arbitration / edited by Pierre-Marie Dupuy, Francesco Francioni and Ernst-Ulrich Petersmann - New York: Oxford University Press, 2009. - xlviii, 597p. ; 23cm.
Part 1. INTRODUCTION AND SUMMARY OF THE BOOK
1. Introduction and Summary: 'Administration of Justice' in International Investment Law and Adjudication?
Part 2. IS THERE A ROLE FOR HUMAN RIGHTS IN INVESTOR-STATE ARBITRATION AND INTERNATIONAL ECONOMIC ADJUDICATION?
2. Unification Rather than Fragmentation of International Law? The case of Investment Law and Human Rights Law
3. Access to Justice, Denial of Justice, and International Investment Law
4. Human Rights and International Investment Arbitration
5. Investment Tribunals and Human Rights: Divergent Paths
6. Limits of Commercial Investor-State Arbitration: The Need for Appellate Review
7. Transnational Investment Arbitration: From Delegation to Constitutionalization?
8. Constitutional Theories of International Economic Adjudication and Investor-State Arbitration
Part 3. JUDICIAL 'BALANCING' OF ECONOMIC LAW AND HUMAN RIGHTS IN REGIONAL COURTS
9. Balancing of Economic Law and Human Rights in the European Court of Justice
10. Economic and Non-Economic Values in the Case Law of the European Court of Human Rights
11. Is the European Court of Human Rights an Alternative to Investor-State Arbitration?
12. Balancing of Human Rights and Investment Law in the Inter-American System of Human Rights
Part 4. CASE STUDIES ON PROTECTION STANDARDS AND SPECIFIC HUMAN RIGHTS IN INVESTOR-STATE ARBITRATION
13. Balancing Property Rights and Human Rights in Expropriation
14. The Fair and Equitable Treatment Standard and Human Rights Norms
15. Non-Discriminatory Treatment in Investment Disputes
16. Implementing Human Rights in the NAFTA Regime - The Potential of a Pending Case: Glamis Corp v USA
17. Human Rights Arguments in Amicus Curiae Submissions: Promoting Social Justice?
18. 'Proportional' by What Measure(s)? Balancing Investor Interests and Human Rights by Way of Applying the Proportionality Principle in Investor-State Arbitration
19. Reconciling Public Health and Investor's Rights: The Case of Tobacco
20. The Human Rights to Water vs Investor Rights: Double-Dilemma or Pseudo-Conflict
21. Human Rights Dimensions of Corporate Environment Accountability
22. Environmental Rights, Sustainable Development and Investor-State Case Law: Critical Appraisal
23. The Relevance of Non-Investment Treaty Obligations in Assessing Compensation
24. EC Free Trade Agreements: An Alternative Model for Addressing Human Rights in Foreign Investment Regulation and Dispute Settlement?
9780199578191
Human Rights and Civil Liberties,
International Trade,
Arbitration and Alternative Dispute Resolution
346.07 / DUP
Human rights in international investment law and arbitration / edited by Pierre-Marie Dupuy, Francesco Francioni and Ernst-Ulrich Petersmann - New York: Oxford University Press, 2009. - xlviii, 597p. ; 23cm.
Part 1. INTRODUCTION AND SUMMARY OF THE BOOK
1. Introduction and Summary: 'Administration of Justice' in International Investment Law and Adjudication?
Part 2. IS THERE A ROLE FOR HUMAN RIGHTS IN INVESTOR-STATE ARBITRATION AND INTERNATIONAL ECONOMIC ADJUDICATION?
2. Unification Rather than Fragmentation of International Law? The case of Investment Law and Human Rights Law
3. Access to Justice, Denial of Justice, and International Investment Law
4. Human Rights and International Investment Arbitration
5. Investment Tribunals and Human Rights: Divergent Paths
6. Limits of Commercial Investor-State Arbitration: The Need for Appellate Review
7. Transnational Investment Arbitration: From Delegation to Constitutionalization?
8. Constitutional Theories of International Economic Adjudication and Investor-State Arbitration
Part 3. JUDICIAL 'BALANCING' OF ECONOMIC LAW AND HUMAN RIGHTS IN REGIONAL COURTS
9. Balancing of Economic Law and Human Rights in the European Court of Justice
10. Economic and Non-Economic Values in the Case Law of the European Court of Human Rights
11. Is the European Court of Human Rights an Alternative to Investor-State Arbitration?
12. Balancing of Human Rights and Investment Law in the Inter-American System of Human Rights
Part 4. CASE STUDIES ON PROTECTION STANDARDS AND SPECIFIC HUMAN RIGHTS IN INVESTOR-STATE ARBITRATION
13. Balancing Property Rights and Human Rights in Expropriation
14. The Fair and Equitable Treatment Standard and Human Rights Norms
15. Non-Discriminatory Treatment in Investment Disputes
16. Implementing Human Rights in the NAFTA Regime - The Potential of a Pending Case: Glamis Corp v USA
17. Human Rights Arguments in Amicus Curiae Submissions: Promoting Social Justice?
18. 'Proportional' by What Measure(s)? Balancing Investor Interests and Human Rights by Way of Applying the Proportionality Principle in Investor-State Arbitration
19. Reconciling Public Health and Investor's Rights: The Case of Tobacco
20. The Human Rights to Water vs Investor Rights: Double-Dilemma or Pseudo-Conflict
21. Human Rights Dimensions of Corporate Environment Accountability
22. Environmental Rights, Sustainable Development and Investor-State Case Law: Critical Appraisal
23. The Relevance of Non-Investment Treaty Obligations in Assessing Compensation
24. EC Free Trade Agreements: An Alternative Model for Addressing Human Rights in Foreign Investment Regulation and Dispute Settlement?
9780199578191
Human Rights and Civil Liberties,
International Trade,
Arbitration and Alternative Dispute Resolution
346.07 / DUP