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Investor-State Arbitration and Human Rights

Investor-State Arbitration and Human Rights

Author: Filip Balcerzak
Publisher: Brill Nijhoff
ISBN: 9789004338999
Published In: September 2017
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 2,128.00

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Description
Contents

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In Investor-State Arbitration and Human Rights Filip Balcerzak examines the interrelations between human rights and international investment law.

The work discusses whether, and how, human rights arguments may be presented in the course of arbitral proceedings based on investment treaties.

The work identifies three model situations, derived from existing arbitral jurisprudence, which provide the backdrop and methodological tool underpinning the book’s legal analysis. The work considers the perspectives of both host states and investors and analyzes all stages of arbitral proceedings – jurisdiction, admissibility, merits, compensation and costs – to determine the potential impact of human rights on the outcome of proceedings.

Acknowledgements

Introduction

Model Situations When Human Rights are Relevant for Investor – State Arbitration

1 Identification of Model Situations

2 First Model Situation – Host States Invoking Human Rights in the Absence of Violations Having been Committed by Investors

i Invocations of the General Notion of Human Rights

ii Invocations of Specific Human Rights

iii Human Rights Referred to by Arbitral Tribunals

3 Second Model Situation – Host States Invoking Human Rights Where Violations Have been Committed by Investors

4 Third Model Situation – Investors Invoking Human Rights

5 Interrelations between the Model Situations

Human Rights Context of Jurisdiction and Admissibility in Investor – State Arbitration

1 Scope of Jurisdiction of Tribunals in Investor – State Arbitration and Human Rights

i General Remarks on the Grounds of Jurisdiction of Arbitral Tribunals

ii Characteristics of the Consent to Arbitrate Given in Investment Treaties

iii Types of Jurisdictional Limits and Their Possible Consequences

iv Types of Jurisdiction Clauses Typically Present in Investment Treaties

v Scope of Arbitral Tribunals’ Jurisdiction in Investor – State Arbitration and Human Rights Invoked by Investors

vi Scope of Arbitral Tribunals’ Jurisdiction in Investor – State Arbitration and Human Rights Invoked by Host States

2 Admissibility of Claims in the Light of Possible Human Rights Violations Committed by Investors and the Requirement to Undertake Investments in Accordance with Local Law

i Distinction between Jurisdiction and Admissibility in International Investment Law

ii “In Accordance with Local Laws” Requirement

iii Non-explicit “in Accordance with Local Laws” Requirement

iv Admissibility of and Jurisdiction Over Claims Concerning Investments Made Contrary to Host States’ Laws Concerning Human Rights

The Impact of Human Rights on the Merits of Investor – State Arbitration

1 Influence of Human Rights on the Interpretation of the Provisions of Investment Treaties

i General Rules of Treaty Interpretation

ii Fair and Equitable Treatment

iii Expropriation

2 Possibility of Invoking Investors’ Human Rights in the Course of Arbitral Proceedings

Compensation and Costs in Investor – State Arbitration and the Issue of Human Rights

1 Impact of Human Rights on the Level of Compensation Awarded in Investor – State Arbitration