Book

Human Rights in International Investment Law and Arbitration

Edited by Pierre-Marie Dupuy, Ernst-Ulrich Petersmann and Francesco Francioni

Published in print September 2009 | ISBN: 9780199578184
Published online February 2010 | e-ISBN: 9780191722561 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199578184.001.0001

Series: International Economic Law Series

Human Rights in International Investment Law and Arbitration

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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, investor-state 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. Part I summarizes the main conclusions of the twenty-four book chapters and places them into the broader context of ‘principles of justice’, ‘global administrative law’, and of ‘multilevel constitutionalism’ that may be relevant for judicial ‘administration of justice’ in international economic law and investor-state arbitration. Part II includes contributions clarifying the ‘constitutional dimensions’ of transnational investment disputes and investor-state arbitration, as reflected in the increasing number of arbitral awards and amicus curiae submissions addressing human rights concerns. Part III addresses the need for ‘principle-oriented ordering’ and ‘normative congruence’ of diverse national, regional and worldwide legal regimes, focusing on the pertinent dispute settlement practices and legal interpretation methods of regional economic courts and human rights courts. Part IV includes twelve case studies on potential human rights dimensions of specific ‘protection standards’, applicable law, procedural law issues, and specific fundamental rights. These case-studies discuss not only the still limited examples of human rights discourse in investor-state arbitral awards; they also probe the potential legal relevance of investor-state arbitration for the judicial recognition, interpretation, and ‘balancing’ of ‘primary rules’ in the light of ‘principles of justice’, as defined by national and international law.

Keywords: international investment law; investment arbitration; human rights; national courts; international courts; legal fragmentation; jurisdictional fragmentation; principles of justice

Book.  656 pages. 

Subjects: Human Rights and Immigration

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Table of Contents

Access to Justice, Denial of Justice, and International Investment Law in Human Rights in International Investment Law and Arbitration

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Human Rights and International Investment Arbitration in Human Rights in International Investment Law and Arbitration

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Investment Tribunals and Human Rights: Divergent Paths in Human Rights in International Investment Law and Arbitration

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Limits of Commercial Investor-State Arbitration: The Need for Appellate Review in Human Rights in International Investment Law and Arbitration

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Transnational Investment Arbitration: From Delegation to Constitutionalization? in Human Rights in International Investment Law and Arbitration

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Balancing of Economic Law and Human Rights by the European Court of Justice in Human Rights in International Investment Law and Arbitration

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Economic and Non-Economic Values in the Case Law of the European Court of Human Rights in Human Rights in International Investment Law and Arbitration

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