International Environmental Law and International Human Rights Law in Investment Treaty Arbitration is popular PDF and ePub book, written by Giovanna E. Gismondi in 2023-08-22, it is a fantastic choice for those who relish reading online the Law genre. Let's immerse ourselves in this engaging Law book by exploring the summary and details provided below. Remember, International Environmental Law and International Human Rights Law in Investment Treaty Arbitration can be Read Online from any device for your convenience.
International Environmental Law and International Human Rights Law in Investment Treaty Arbitration Book PDF Summary
Policies aimed at the expansion of transnational capital are sometimes implemented at the expense of growing social inequality and popular frustration in host countries. This timely and deeply researched volume identifies – and offers 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 a comprehensive and pragmatic approach to the most effective way to connect international investment law to the protection of human rights and the environment. Based on an analysis of 30 arbitral awards, this book demonstrates how recent investment treaty arbitration – and in particular respondent States’ argumentation in arbitral proceedings – highlights the human rights and environmental considerations connected with such factors as the following: 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. As investment arbitration continues to be challenged by growing demands for greater public involvement and for participation of third parties that are affected by the proceedings, this book responds to 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.
Detail Book of International Environmental Law and International Human Rights Law in Investment Treaty Arbitration PDF
- Author : Giovanna E. Gismondi
- Release : 22 August 2023
- Publisher : Kluwer Law International B.V.
- ISBN : 9789403530574
- Genre : Law
- Total Page : 210 pages
- Language : English
- PDF File Size : 17,9 Mb
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