Investor-state arbitration and human rights / by Filip Balcerzak.
2017
K3830 .B35 2017 (Map It)
Available at Cellar
Formats
| Format | |
|---|---|
| BibTeX | |
| MARCXML | |
| TextMARC | |
| MARC | |
| DublinCore | |
| EndNote | |
| NLM | |
| RefWorks | |
| RIS |
Items
Details
Author
Title
Investor-state arbitration and human rights / by Filip Balcerzak.
Published
Leiden ; Boston : Brill/Nijhoff, [2017]
Call Number
K3830 .B35 2017
ISBN
9789004338999 hardcover alkaline paper
9004338993 hardcover alkaline paper
9004338993 hardcover alkaline paper
Description
vi, 323 pages ; 25 cm.
System Control No.
(OCoLC)987376243
Summary
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.
Note
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.
Bibliography, etc. Note
Includes bibliographical references and index.
Available in Other Form
Online version: Balcerzak, Filip, author. Investor-state arbitration and human rights Leiden ; Boston : Brill/Nijhoff, [2017] 9789004339002 (DLC) 2017023852
Record Appears in
Table of Contents
Acknowledgements
vii
Introduction
1
1.
Model Situations When Human Rights are Relevant for Investor - State Arbitration
15
1.
Identification of Model Situations
15
2.
First Model Situation - Host States Invoking Human Rights in the Absence of Violations Having been Committed by Investors
23
i.
Invocations of the General Notion of Human Rights
23
ii.
Invocations of Specific Human Rights
34
iii.
Human Rights Referred to by Arbitral Tribunals
52
3.
Second Model Situation - Host States Invoking Human Rights Where Violations Have been Committed by Investors
60
4.
Third Model Situation - Investors Invoking Human Rights
73
5.
Interrelations between the Model Situations
96
2.
Human Rights Context of Jurisdiction and Admissibility in Investor - State Arbitration
100
1.
Scope of Jurisdiction of Tribunals in Investor - State Arbitration and Human Rights
100
i.
General Remarks on the Grounds of Jurisdiction of Arbitral Tribunals
100
ii.
Characteristics of the Consent to Arbitrate Given in Investment Treaties
103
iii.
Types of Jurisdictional Limits and Their Possible Consequences
107
iv.
Types of Jurisdiction Clauses Typically Present in Investment Treaties
109
v.
Scope of Arbitral Tribunals' Jurisdiction in Investor - State Arbitration and Human Rights Invoked by Investors
113
vi.
Scope of Arbitral Tribunals' Jurisdiction in Investor - State Arbitration and Human Rights Invoked by Host States
122
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
127
i.
Distinction between Jurisdiction and Admissibility in International Investment Law
127
ii.
"In Accordance with Local Laws" Requirement
134
iii.
Non-explicit "in Accordance with Local Laws" Requirement
140
iv.
Admissibility of and Jurisdiction Over Claims Concerning Investments Made Contrary to Host States' Laws Concerning Human Rights
143
3.
Impact of Human Rights on the Merits of Investor - State Arbitration
149
1.
Influence of Human Rights on the Interpretation of the Provisions of Investment Treaties
149
i.
General Rules of Treaty Interpretation
149
ii.
Fair and Equitable Treatment
160
iii.
Expropriation
182
2.
Possibility of Invoking Investors' Human Rights in the Course of Arbitral Proceedings
207
4.
Compensation and Costs in Investor - State Arbitration and the Issue of Human Rights
218
1.
Impact of Human Rights on the Level of Compensation Awarded in Investor - State Arbitration
218
i.
General Remarks
218
ii.
Principles Governing Compensation in Investor - State Arbitration
222
iii.
Concept of Contributory Negligence
231
iv.
Contributory Negligence and Human Rights Violations Committed by Investors
239
v.
Reduction of Compensation and Remaining Human Rights Concerns
246
vi.
Concept of Moral Damages
250
vii.
Moral Damages and Violations of Investors' Human Rights
264
2.
Human Rights Considerations as a Justification to Shift Costs of the Proceedings
272
i.
General Remarks
272
ii.
Rules Concerning the Burden of Costs
274
iii.
Decision on Costs and the Issue of Human Rights
280
Conclusions
285
Bibliography
291
Index
320