Chapter

EC Free Trade Agreements: An Alternative Model for Addressing Human Rights in Foreign Investment Regulation and Dispute Settlement?

Angelos Dimopoulos

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/9780199578184.003.0024

Series: International Economic Law Series

 EC Free Trade Agreements: An Alternative Model for Addressing Human Rights in Foreign Investment Regulation and Dispute Settlement?

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This chapter explores whether EC Free Trade and Investment Agreements (FTAs) present a new, alternative model for addressing human rights in foreign investment regulation and dispute settlement. It provides an overview of the scope of foreign investment regulation in EC FTAs, highlighting their limited, but innovative approach to foreign investment. It then describes the dispute settlement mechanisms in the EC's FTAs and doubts their suitability for investment disputes in view of their failure to fully address the demands of investors, home and host countries. It considers the effectiveness and suitability of EC FTAs for addressing the human rights implications of foreign investment regulation, and emphasizes the importance given to human rights as an objective of EC FTAs and as an ‘essential element’ of the agreements. The chapter concludes with the future challenges and perspectives for FTAs, notably in view of the EC's willingness to deal with the challenges posed by the interaction between foreign investment and human rights.

Keywords: FTAs; dispute settlement; foreign investment; EC FTAs; human rights

Chapter.  14276 words. 

Subjects: Human Rights and Immigration

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