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International Environmental Law and International Human Rights Law in Investment Treaty Arbitration: The Contribution of Host States' Argumentation in Re-Shaping International Investment Law

International Environmental Law and International Human Rights Law in Investment Treaty Arbitration: The Contribution of Host States' Argumentation in Re-Shaping International Investment Law

Author: Giovanna E. Gismondi
Publisher: Kluwer Law International
ISBN: 9789403530475
Published In: August 2023
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: RM955.72

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Description
Contents

Details

International Environmental Law and International Human Rights Law in Investment Treaty Arbitration is a timely and extensively researched volume identifying – and offering new insights into – the growing use of and reliance upon international environmental and human rights law in the arbitration of investor-State disputes. It presents an exhaustive and practical approach to the most effective way to connect international investment law to the protection of human rights and the environment. As widely documented, policies aimed at the expansion of transnational capital are sometimes implemented at the expense of growing social inequality and popular frustration in host countries.

What’s in this book:

Established on an analysis of 30 arbitral awards, this book depicts how recent investment treaty arbitration – and in particular respondent States’ argumentation in arbitral proceedings – elucidates the human rights and environmental considerations linked with the following factors:

the fair and equitable treatment (FET) clause
jurisdictional obstacles
treaty conflict
role of amici curiae
damages
tribunal’s dilution of the significance of environmental and human rights law
corporate social responsibility
free, prior, and informed consent
social license to operate, and
(in)applicability of the systemic approach to the interpretation of investment treaties

How this will help you:

Considering that investment arbitration continues to be challenged by growing demands for greater public involvement and for the participation of third parties that are affected by the proceedings, this book addresses the need to reshape the investment regime into more human rights and environmentally friendly system. It will prove an invaluable resource for arbitral institutions, academics, arbitrators, arbitration counsel, and other participants in investment treaty arbitration.

Foreword

Preface

List of Tables

List of Abbreviations

Introduction

CHAPTER 1: International Environmental Law and International Human Rights Law Implicated in International Investment Law: Defining and Connecting the Three Fields

CHAPTER 2: The International Investment Law Regime: Jurisdictional Obstacles to International Environmental Law and International Human Rights Law

CHAPTER 3: The Role of International Environmental Law and International Human Rights Law Argumentation on the Merits of Investor-State Arbitration

CHAPTER 4: The Principle of Systemic Integration in International Investment Law

Final Remarks

Bibliography

Table of Cases

Table of Investment Treaties

Table of International Human Rights Instruments

Table of International Environmental Instruments