Human Rights Dimensions of Investment Law

Susan L. Karamanian*

*Corresponding author for this work

Research output: Chapter in Book/Report/Conference proceedingChapterpeer-review

19 Citations (Scopus)

Abstract

This chapter is concerned with conflicts between human rights and investment law. It argues that the instances of (supposed) conflicts is on the rise, particularly given the wide range of institutions that are authorized to resolve disputes which could implicate both human rights and investment. The rubric, however, has rarely caused courts or arbitral tribunals to opt for one norm - say the right to life - at the complete expense of foreign investment. The chapter shows that in cases of conflict, the dispute resolution body has plenty of legal tools to help redefine the debate to avoid the conflict in the first instance.

Original languageEnglish
Title of host publicationHierarchy in International Law
Subtitle of host publicationThe Place of Human Rights
PublisherOxford University Press
ISBN (Electronic)9780191738999
ISBN (Print)9780199647071
DOIs
Publication statusPublished - 24 May 2012
Externally publishedYes

Keywords

  • Human rights
  • Indigenous communities
  • Investment
  • Investor-state arbitration
  • Norm hierarchy
  • Property

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