Pdf jus cogens in international investment law and. Introduction the relationship between foreign investment law and international human rights law has attracted a growing amount of interest over time. In south africa, public confidence in the governments willingness to tackle human rights violations, corruption, and respect for the rule of law has eroded. A cle workshop on investment arbitration and human rights, which gathered experts to examine which human rights issues may be implicated in investment disputes, as well as how and to what extent the issues have been handled by parties and arbitrators. International investment law and international human rights law are two distinct branches of public international law. Bilateral investment treaties bits, investment arbitration.
A process, which is largely grounded in interna tional law, is considered by some to be devoid of a critical aspect of that law, namely treaty and customary human rights norms. Approach to human rights in international investment law and arbitration, 48 geo. In light of the above, it is clear that international human rights law and international investment law can no longer be considered two distant planets. It highlights certain similarities among human rights law and investment law, e. The role of human rights in international investment law. Responding to cynicism the relationship between human rights and foreign investment law is recognized as complex,1 yet commentators generally agree that. Schreuer, human rights and international investment arbitration, in.
Investment arbitration and human rights columbia center. International human rights are human rights enshrined in global and regional human rights treaties such as the international covenants on civil and political rights and on economic, school of law, university of erlangennurnberg, germany. 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, investorstate 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. The petitions argued that in reaching its decision, the tribunal must take into account the consultation and property rights of the indigenous groups under international law. Mapping the role of human rights law within investorstate arbitration. This contribution shall attempt to throw some light on the role of human rights in international investment arbitration, focusing more particularly on the issues relating to jurisdiction, the applicable law and invocation during proceedings. Human rights in international investment law and arbitration international economic law series. The convention for the protection of human rights and fundamental freedoms, better known as the european convention on human rights, was opened for signature in rome on 4 november 1950 and came into force in 1953. Selected recent developments in iia arbitration and human. Request pdf human rights in international investment law and arbitration the book offers a systematic analysis of the interaction between international. 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, investorstate arbitral tribunals and alternative jurisdictions, the risks of legal and jurisdictional fragmentation, the human rights dimensions of investment law and arbitration, and the relationships. Soft law, international investment agreements iias, corporate social responsibility csr. In recent decades, international law il has advanced in the field of foreign investment regulation through the international investments.
The consolidation between international arbitration and human rights is apprehended here through the concept of integrity of arbitral proceedings, which is undoubtedly linked to the investors right to claim damages for all harm suffered by its investment. Via bolognese 156 villa salviati 509 firenze italy. 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, investorstate arbitral tribunals and alternative jurisdictions, the risks of legal and jurisdictional fragmentation, the human rights dimensions of. Human rights in international investment law and arbitration edited by pierremarie dupuy, francesco francioni and ernstulrich petersmann oxford university press, 2009. Ccsi works at the nexus of international investment law and human rights law, and at the projectlevel and contractlevel on the human rights impacts of investment projects. The work discusses whether, and how, human rights arguments may be presented in the course of arbitral proceedings based on investment treaties. Though they are distinct in nature, the two fields are very much intertwined. Kriebaum, human rights of the population of the host state in international investment arbitration 10 jwit 2009, 653677. It not only raises fundamental questions of regime interaction within the international legal order, but also. The role of human rights in international investment law and arbitration is a complex issue. A common background human rights and investment protection had much in common at their origin. Parts iiii of this paper give an overview of references to human rights mainly at the initiative of host states and nongovernmental third parties, but increasingly also by complainants and judges on their own initiative in international investment disputes and investorstate arbitral awards and the responses by investment tribunals to such human rights arguments.
International human rights in bilateral investment. 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, investorstate arbitral. Arbitration, international centre for human rights and democratic. European convention on human rights official texts. This development, in turn, has led to heightened criticism of in vestorstate arbitration. Selected developments in iia arbitration and human rights. Human rights in international investment law and arbitration, 2009. Foreign investors usually accused of violating the human rights of the local 1 peter muchlinsky, the impact of a business and human rights treaty on investment law arbitration in surya. Vadi, analogies in international investment law and arbitration 2015. Fry, international human rights law in investment arbitration. Including a best efforts obligation for investors to respect the human rights of the people involved in investment activities and to promote the building of local. This chapter discusses the role of human rights in international investment arbitration, focusing on issues such as jurisdiction, applicable law, and invocation of human rights during proceedings. Investment protection, human rights, and international.
The appeal to human rights in arbitration and international. Northwestern university is a private institution that was one of the first u. In investor state arbitration and human rights filip balcerzak examines the interrelations between human rights and international investment law. International human rights law in investment arbitration. Human rights in international investment law and arbitration.
Investment protection could be understood as being part of human rights law. International investment agreements, business and human. Access to justice, denial of justice and international investment law francesco francioni abstract the development of investment arbitration in contemporary international law has helped to consolidate access to justice as a principle of both customary law on the treatment of aliens and human rights law. Absent any specific human rightsrelated rule in the treaty itself, which would render the application of human rights law straightforward, compromissory clauses in investment treaties usually contain broad applicable law clauses referring to the application, besides domestic law, of international law. Property rights as human rights in international investment. Human rights in international investment law and arbitration international economic law series dupuy, pierremarie, petersmann, ernstulrich, francioni, francesco on. Applicability of human rights law in international. Human rights law in international investment arbitration by vivian. They discuss the problems of legal fragmentation of international investment law and human rights law, the need for judicial balancing of statecentered. Human rights and international investment law 201 increasing support in the academic community.
Human rights law in international investment arbitration. It was the first instrument to give effect to certain of the rights stated in the universal declaration of human rights and make. This article has sought to provide a comprehensive analysis of the legal grounds that would justify the application of international human rights law in investment treaty disputes. Edited by pierremarie dupuy, ernstulrich petersmann, and francesco. The consolidation between international arbitration and human rights is apprehended here through the concept of integrity of arbitral proceedings, which is undoubtedly linked to the investor s right to claim damages for all harm suffered by its investment. Human rights in international investment arbitration ecchr. Each party will ordinarily select an arbitrator for their dispute, and the two parties will agree upon a third arbitrator or delegate this authority to some other appointing authority. International investment agreements, business and human rights. Coming to the issue of human rights, different commentators voice concern on the human rights treatment of foreign investors. Following the transpacific partnership tpp and transatlantic trade and investment partnership ttip, the demonstrations against investorstate arbitration and the wide discussion during the 2016 us presidential election, the climate surrounding foreign investment law is one of controversy and change, and with implications for human rights and environmental protection, foreign investment. Key issues and opportunities howard mann senior international law advisor international institute for sustainable development february 2008 prepared for. The interaction between foreign direct investment fdi and human rights is. Access to justice, denial of justice and international.
Human rights and international investment arbitration. Investment arbitration and the issue of human rights. International arbitration and human rights aceris law. The book offers a systematic analysis of the interaction between international investment law, investment arbitration, and human rights, such as the role of.
The relevance of human rights law to the determination of investment disputes has repeatedly been recognized in previous icsid cases. Human rights in international investment law and arbitration, edited by pierre marie dupuy, francesco francioni, and ernstulrich petersmann. Realizing human rights in investment treaty arbitration. Human rights in international investment law and arbitration, edited by pierremarie dupuy, francesco francioni, and ernstulrich petersmann. The fair and equitable treatment standard and human rights norms, in human rights in international investment law and arbitration note 89, 339. Selected recent developments in iia arbitration and human rights. Claims that investment arbitration negatively affecting human rights but others claims effect overstated see langford, 2011 four approaches in jurisprudence of human rights and investment adjudication. International human rights in bilateral investment treaties and in investment treaty arbitration 11.
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