Download or read book Reconciling the Conflict Between International Investment Arbitration and Protection of Human Rights written by Mariam Omotosho and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights matters are increasingly becoming interwoven with Arbitration. The fact that, so far, international human rights norms are, as a matter of international law, not directly applicable on a horizontal level -- that is, in the relation between foreign investors and other private parties -- makes it not straightforward to bring claims based on the breach by the foreign investor of human rights obligations before a treaty-based arbitral tribunal. Instead, such obligations exist mainly on the domestic legal level. Also, traditionally, international investment treaties are silent on issues of human rights. Although states have recently effectively included references to human rights norms in their bilateral investment treaties (BITs) and other multilateral treaties (MITs), such as the recently negotiated Draft Pan-African Investment Code (PAIC), the vast majority of contemporary BITs do not mention human rights.There is a global increase in the use of International arbitration as a dispute resolution mechanism especially in international investment disputes and the debates on: (I) obligations of foreign investors to respect human rights of host states, and (II) whether the state can sufficiently maintain policy space alongside Investment treaty obligations with International Investors and the feasibility of enforceability of an award arising from investor-state dispute.The overlap between arbitration and human right matters in Investment arbitration brings to fore the inseparability of these two seemingly distinct areas. The nagging question has been the impact of Investment treaties on the ability of the state to enforce policies which safeguard human rights and the extent of the jurisdiction of an arbitral tribunal in Human right matters arising from International Investment agreements. This is essential because most international arbitration agreements are based on Bilateral or Multilateral investment treaties. The relationship between human rights and international investment law manifests itself in different contexts and directions. Two general and broad approaches concerning human rights law exist from the perspective of investment protection: human rights can be used to support or enlarge claims of investors or they can be used to strengthen the state's defence of its actions which are taken to respect, protect and fulfil human rights. Similarly, investment law can be viewed in two different ways from the perspective of human rights: it can be seen as creating restrictions on the state's ability to respect, protect and fulfil the rights of occupants of the state; it may also be perceived as a breach of individual rights of investors under international investment law. This work will discuss the application of arbitration in International Investment disputes, in particular relation to emergence of Human right matters in arbitration of Investor-state disputes. It will consider the circumstances under which human rights concerns can be raised before an arbitral tribunal set up under a BIT, when and how this can be done, the limited jurisdiction of tribunals over human rights matters, and the challenge of finding a balance where there is an overlap between Human rights and arbitration.

Download or read book Investments in Conflict Zones written by Tobias Ackermann and published by BRILL. This book was released on 2020-12-15 with total page 537 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Investments in Conflict Zones, a selected group of experts explores how armed conflicts, territorial disputes, and ‘frozen’ conflicts impact the application and interpretation of international investment law and how investment protection can be reconciled with such politically charged circumstances.

Download or read book Investment Arbitration and Climate Change written by Annette Magnusson and published by Kluwer Law International B.V.. This book was released on 2023-12-11 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the nexus between international investment law, climate law, and human rights law, States’ obligations to protect foreign investments clash with their right – or even their duty – to regulate to protect the planet and people. State efforts at climate change mitigation and adaptation have already triggered claims of liability under the investor-protection provisions of bilateral and multilateral investment treaties. In this comprehensive elaboration on the topic, stellar experts and practitioners describe different types of climate-related investment disputes, provide a thorough analysis of the unique procedural issues that emerge in such disputes, and evaluate the proper balance between States’ right to regulate to fight climate change and their obligations towards foreign investors. Each of the book’s contributions offers a penetrating perspective on this complex matter, touching on such aspects as the following: investment disputes arising from States’ climate measures or actions; whether and how states can file counterclaims against investors in such disputes; the appropriate role for climate science at various stages of arbitration; how to assess damages in cases involving fossil assets left stranded by the climate transition; and whether, on balance, existing international investment law supports or hinders the global energy transition. Along the way, arbitrators and other practitioners will gain insight into how to argue, defend, and assess climate-related investment disputes, using not only investment-treaty case law but also international climate agreements, human rights law, and environmental law. Policymakers are shown ways to design and implement climate policy and investment treaties in order to avoid claims by foreign investors. For policymakers, treaty and contract negotiators, dispute resolution lawyers, and international organizations, no other resource provides such incisive discussion of how to balance treaty-based investment protection against states’ inherent duty to regulate in the public interest.

Download or read book Shifting Paradigms in International Investment Law written by Steffen Hindelang and published by Oxford University Press. This book was released on 2016-01-22 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment law is in transition. Whereas the prevailing mindset has always been the protection of the economic interests of individual investors, new developments in international investment law have brought about a paradigm shift. There is now more than ever before an interest in a more inclusive, transparent, and public regime. Shifting Paradigms in International Investment Law addresses these changes against the background of the UNCTAD framework to reform investment treaties. The book analyses how the investment treaty regime has changed and how it ought to be changing to reconcile private property interests and the state's duty to regulate in the public interest. In doing so, the volume tracks attempts in international investment law to recalibrate itself towards a more balanced, less isolated, and increasingly diversified regime. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers.

Download or read book International Investment Law and the Right to Regulate written by Lone Wandahl Mouyal and published by Routledge. This book was released on 2016-03-10 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book considers the ways in which the international investment law regime intersects with the human rights regime, and the potential for clashes between the two legal orders. Within the human rights regime states may be obligated to regulate, including a duty to adopt regulation aiming at improving social standards and conditions of living for their population. Yet, states are increasingly confronted with the consequences of such regulation in investment disputes, where investors seek to challenge regulatory interferences for example in expropriation claims. Regulatory measures may for instance interfere with the investment by imposing conditions on investors or negatively affecting the value of the investment. As a consequence, investors increasingly seek to challenge regulatory measures in international investment arbitration on the basis of a bilateral investment treaty. This book sets out the nature and the scope of the right to regulate in current international investment law. The book examines bilateral investment treaties and ICSID arbitrations looking at the indicative parameters that are granted weight in practice in expropriation claims delimiting compensable from non-compensable regulation. The book places the potential clash between the right to regulate and international investment law within a theoretical framework which describes the stability-flexibility dilemma currently inherent within international law. Lone Wandahl Mouyal goes on to set out methods which could be employed by both BIT-negotiators and adjudicators of investment disputes, allowing states to exercise their right to regulate while at the same time providing investors with legal certainty. The book serves as a valuable tool, an added perspective, for academics as well as for practitioners dealing with aspects of international investment law.

Download or read book Reconciling Public Health with Investor Rights in International Investment Law written by Valentina Vadi and published by . This book was released on 2009 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Investors States and Arbitrators in the Crosshairs of International Investment Law and Environmental Protection written by Crina Baltag and published by BRILL. This book was released on 2020-07-27 with total page 83 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Investors, States, and Arbitrators in the Crosshairs of International Investment Law and Environmental Protection, Dr Crina Baltag and Ylli Dautaj look at the investor-State dispute settlement system and inquire whether this is the most suitable transnational venue for resolving investment disputes that have an environmental component.

Download or read book Human Rights Considerations in International Investment Arbitration written by Eric De Brabandere and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the apparent opposition between the two concepts, human rights protection and international investment law in fact share many common features, the most important being the weak or vulnerable position of both individuals and foreign investors in relation to the state, which can take decisions affecting their rights and obligations without their participation. This reality has been one of the main justifications behind the grant of rights and protection to both individuals and foreign investors. The protection of foreign investment is a relatively old concept in international law and relations but has in the past decades evolved and developed rapidly. Globalisation of the world economy and the weakening of the barriers traditionally faced by investors in broadening their field of activity in foreign states has resulted in an expansion of foreign commercial activity in states. At the same time, states have privatised many areas of the public sector, such as such water, sewage, gas and the management of (hazardous) waste sites. This privatisation has often been done by relying on foreign investors, and has thus led to the involvement of non-state entities in functions usually exercised by state organs or entities. Privatisation is of course not problematic in se, since it can improve public health and human rights generally, but it can also result in a decreased respect for human rights. The involvement of foreign investors has only been possible by giving them far-reaching protection from unilateral interference by the host state. Such protection is often materialized through the signature of investment treaties between the host state and the home state of the investors. The protection offered to investors in investment law is done via different 'standards', and most often includes the direct access of individuals and corporations to international arbitration. As a result of privatisation and the involvement of foreign investor in public sectors however, host states which are bound by international human rights norms and obligations under international investment agreements can be faced with a conflict of obligations. Indeed, the investment agreements between the host state and the foreign investor can amount to violation of the obligation for the host state to protect or to ensure the protection of the human rights within its territory, especially when the privatisation has resulted in the endangerment of human rights relating to health. But any action by the host state to remedy this violation might then be considered as a breach of the state's obligation under international investment agreements and/or investment contracts. In this chapter I will assess the rules relating to the conflict between human rights and investment obligations, and the way in which human rights considerations, raised as defences to 'justify' alleged breaches of international investment treaties could be and have been dealt with by investment tribunals. I will particularly zoom in on human rights considerations invoked by the host state and non-disputing third parties. The first section will briefly depict the specificities of international investment arbitration in order to better grasp the reasoning of investment tribunals with respect to human rights considerations. I will next address the human rights obligations of foreign corporations and host states. This responsibility will be addressed both from the perspective of the host state and from the perspective of the corporation. I will then discuss the potential conflict between those human rights responsibilities and the responsibility of states with reference to their obligations under investment treaties, and the way in which investment tribunals have dealt with human rights considerations raised by the host state. Finally, I will discuss the role played by NGOs in bringing human rights considerations before investment dispute settlement proceedings as 'friends of the court'

Download or read book General Principles of Law and International Investment Arbitration written by Andrea Gattini and published by BRILL. This book was released on 2018-05-29 with total page 475 pages. Available in PDF, EPUB and Kindle. Book excerpt: General Principles of Law in Investment Arbitration surveys the function of general principles in the field of international investment law, particularly in investment arbitration. The authors’ analysis provides a representative case study of how this informal source operates alongside and in the absence of other sources of applicable law. The contributions are divided into two parts, devoted respectively to substantive principles and procedural ones. The principles discussed in the book are selected for their currency in the practice, their contested nature and their relevance.

Download or read book Interaction and Conflict of Treaties in Investment Arbitration written by Dr Ahmad Ghouri and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This new book is the first to focus on the interaction between international investment law and other systems of international law. It takes a giant step towards determining a hierarchy of conflicting treaty norms, and establishing a legitimacy threshold for the investor-State arbitral system.The author approaches the existing challenges - the rights of foreign investors under investment treaties, disputes between the host States trying to protect the health and safety of their citizens versus the treaty rights of foreign companies, and the conflict between international investment law and human rights law, environmental law, and EU law - from the perspective of treaty conflicts.The work covers every issue that you might expect to find in this contentious area, including: - Flexibility in the amount of compensation payable to foreign investors; - Implications of including non-investment provisions in investment treaties; - Efficacy of the Vienna Convention on the Law of Treaties rules on treaty interpretation; - Legal bases for the interaction of investment and non-investment treaties; - The ECJ's views on EC Treaty/TFEU investment treaty conflicts.You'll find a wealth of interpretive methodologies, remedial mechanisms, and legally and practically plausible examples that investor-State tribunals can use in their adjudicative techniques. The author argues that the solution to the legitimacy crisis of the investor-State arbitral system lies in the taking up and resolution of the issue of treaty conflicts by the tribunals themselves.The author addresses the issues relating to the system's legitimacy, and develops concrete substantive rules of international investment law that fit in with other parallel systems existing within international law.The work is divided into four main areas: - The evolution of investment treaties - The law of treaty conflicts - Treaty conflicts in investor-state arbitration - Investment treaty conflicts and the European Union.This book will help you solve the problem of treaty conflicts by determining the hierarchy between conflicting treaty norms. It will be essential reading for investment arbitrators, cross-border investors, States who are parties to investment treaties, foreign investment policy makers, and others working in arbitration, human rights, environmental law, and international trade.

Download or read book Human Rights in International Investment Law and Arbitration written by Pierre-Marie Dupuy and published by Oxford University Press. This book was released on 2009 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a growing interplay between international investment law, arbitration and human rights. This book offers a systematic analysis of this interaction, exploring the role of principles of justice in investment law, comparing investment arbitration with other courts, and examining case studies on human rights.

Download or read book International Investment Law and Arbitration written by Borzu Sabahi and published by BRILL. This book was released on 2018-07-17 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Investment Law and Arbitration: History, Modern Practice, and Future Prospects explores international law on foreign investment: its creation, functioning and evolution.

Download or read book Revisiting Proportionality in International and European Law written by Ulf Linderfalk and published by BRILL. This book was released on 2021-05-12 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this edited volume, scholars from a wide range of areas of international law consider whose interests are at stake in the application of the principle of proportionality. In so doing, the volume casts new light this important principle.

Download or read book The Evolving International Investment Regime written by Jose E. Alvarez and published by Oxford University Press. This book was released on 2011-04-19 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the growth of the global economy over the past two decades, foreign direct investment (FDI) laws, at both the national and international levels, have undergone rapid development in order to strengthen the protection standards for foreign investors. In terms of international investment law, a network of international investment agreements has arisen as a way to address FDI growth. FDI backlash, reflective of more restrictive regulation, has also emerged. The Evolving International Investment Regime analyzes the existing challenges to the international investment regime, and addresses these challenges going forward. It also examines the dynamics of the international regime, as well as a broader view of the changing global economic reality both in the United States and in other countries. The content for the book is a compendium of articles by leading thinkers, originating from the International Investment Conference "What's New in International Investment Law and Policy?"

Download or read book Investment Law within International Law written by Freya Baetens and published by Cambridge University Press. This book was released on 2013-08-01 with total page 569 pages. Available in PDF, EPUB and Kindle. Book excerpt: Developments within various sub-fields of international law influence international investment law, but changes in investment law also have an impact on the evolution of other fields within international law. Through contributions from leading scholars and practitioners, this book analyses specific links between investment law and other sub-fields of international law such as the law on armed conflict, human rights, sustainable development, trade, development and EU law. In particular, this book scrutinises how concepts, principles and rules developed in the context of such sub-fields could inform the content of investment law. Solutions aimed at resolving problems in other settings may provide instructive examples for addressing current problems in the field of investment law, and vice versa. The underlying question is whether key sub-fields of public international law, notably international investment law, are open to cross-fertilisation, or, whether they are evolving further into self-contained regimes.

Download or read book Prospects in International Investment Law and Policy written by Roberto Echandi and published by Cambridge University Press. This book was released on 2013-04-18 with total page 495 pages. Available in PDF, EPUB and Kindle. Book excerpt: Addresses the most central debates in contemporary investment law and policy.

Download or read book Transparency in International Law written by Andrea Bianchi and published by Cambridge University Press. This book was released on 2013-11-07 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: While its importance in domestic law has long been acknowledged, transparency has until now remained largely unexplored in international law. This study of transparency issues in key areas such as international economic law, environmental law, human rights law and humanitarian law brings together new and important insights on this pressing issue. Contributors explore the framing and content of transparency in their respective fields with regard to proceedings, institutions, law-making processes and legal culture, and a selection of cross-cutting essays completes the study by examining transparency in international law-making and adjudication.