International Environmental Law and International Human Rights Law in Investment Treaty Arbitration

International Arbitration Law Library #68

International Environmental Law and International Human Rights Law in Investment Treaty Arbitration is a timely and extensively researched volume identifying – and offering 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 an exhaustive and practical approach to the most effective way to connect international investment law to the protection of human rights and the environment. As widely documented, policies aimed at the expansion of transnational capital are sometimes implemented at the expense of growing social inequality and popular frustration in host countries.

What’s in this book:

Established on an analysis of 30 arbitral awards, this book depicts how recent investment treaty arbitration – and in particular respondent States’ argumentation in arbitral proceedings – elucidates the human rights and environmental considerations linked with the following factors:

• 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.

How this will help you:

Considering that investment arbitration continues to be challenged by growing demands for greater public involvement and for the participation of third parties that are affected by the proceedings, this book addresses 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.