Human Rights Dimensions of Investment Law

Susan L Karamanian

in Hierarchy in International Law

Published in print March 2012 | ISBN: 9780199647071
Published online May 2012 | e-ISBN: 9780191738999 | DOI:
Human Rights Dimensions of Investment Law

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This chapter is concerned with conflicts between human rights and investment law. It argues that the instances of (supposed) conflicts is on the rise, particularly given the wide range of institutions that are authorized to resolve disputes which could implicate both human rights and investment. The rubric, however, has rarely caused courts or arbitral tribunals to opt for one norm — say the right to life — at the complete expense of foreign investment. The chapter shows that in cases of conflict, the dispute resolution body has plenty of legal tools to help redefine the debate to avoid the conflict in the first instance.

Keywords: human rights; investment; investor-state arbitration; property; indigenous communities; norm hierarchy

Chapter.  19804 words. 

Subjects: Public International Law

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