Chapter

Human Rights Arguments in <i>Amicus Curiae</i> Submissions: Promoting Social Justice?

James Harrison

in Human Rights in International Investment Law and Arbitration

Published in print September 2009 | ISBN: 9780199578184
Published online February 2010 | e-ISBN: 9780191722561 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199578184.003.0017

Series: International Economic Law Series

 Human Rights Arguments in Amicus Curiae Submissions: Promoting Social Justice?

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This chapter analyzes the impact of human rights interventions of civil society organizations (CSOs) in international investment arbitration proceedings. It provides a history of the amicus submissions so far made by CSOs, and highlights the prevalence of human rights arguments in these submissions. It argues that there is a clear rationale for engaging with a range of issues raised in investment arbitration cases utilizing a human rights framework. The language and legal obligations of human rights appear to have an important impact in terms of ensuring that amicus submissions of civil society groups are accepted by tribunals. But there are fundamental problems in the way that this mechanism has been utilized by tribunal panels. The chapter concludes by arguing that continued superficial engagement with human rights by investment panels might weaken the edifice of international law in the eyes of those outsiders to the international legal system who seek to engage with it.

Keywords: CSOs; amicus submissions; investment arbitration; human rights framework; amici; amicus procedure

Chapter.  13534 words. 

Subjects: Human Rights and Immigration

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