Human Rights in International Investment Law and Arbitration

ISBN: 9780199578191 出版年：2010 页码：646 Oxford University Press

1. I INTRODUCTION AND SUMMARY OF THE BOOK Introduction and Summary: 'Administration of Justice' in International Investment Law and Adjudication? II IS THERE A ROLE FOR HUMAN RIGHTS IN INVESTOR-STATE ARBITRATION AND INTERNATIONAL ECONOMIC ADJUDICATION? 2. Human Rights and International Investment Law: A Case for Fragmentation or Unity of Public International Law? 3. Access to Justice, Denial of Justice and International Investment Law 4. Human Rights and International Investment Arbitration 5. Investment Tribunals and Human Rights: Divergent Paths 6. Limits of Commercial Investor-State Arbitration: Need for Appellate Review 7. Transnational Investment Arbitration: From Delegation to Constitutionalization? 8. Constitutional Theories of International Economic Adjudication and Investor-State Arbitration III JUDICIAL 'BALANCING' OF ECONOMIC LAW AND HUMAN RIGHTS IN REGIONAL COURTS 9. Balancing of Economic Law and Human Rights in the European Court of Justice 10. Economic and Non-Economic Values in the Case Law of the European Court of Human Rights 11. Is the European Court of Human Rights an Alternative to Investor-State Arbitration? 12. Balancing of Human Rights and Investment Law in the Inter-American System of Human Rights IV CASE STUDIES ON PROTECTION STANDARDS AND SPECIFIC HUMAN RIGHTS IN INVESTOR-STATE ARBITRATION 13. Balancing Property Rights and Human Rights in Expropriation 14. Fair and Equitable Treatment in Investment Disputes under ICSID 15. Non-Discriminatory Treatment in Investment Disputes under ICSID 16. Impact of Human Rights on the Applicable Law in NAFTA Investment Disputes? 17. Human Rights Arguments in Amicus Curiae Submissions: Promoting Social Justice? 18. 'Proportional' by What Measure(s)? Balancing Investor Interests and Human Rights by Way of Applying the Proportionality Principle in Investor-State Arbitration 19. Reconciling the Human Rights to Health with Investor's Rights: The Case of Tobacco 20. The Human Rights to Water vs Investor Rights 21. Human Rights Dimensions of Corporate Environment Accountability 22. Environmental Rights, Sustainable Development and Investor Rights 23. The Relevance of Non-Investment Treaty Obligations in Assessing Compensation 24. EU Free Trade Agreements: An Alternative Model for Addressing Human Rights in Foreign Investment Regulation and Dispute Settlement?