Type
Part or chapter of a book
Title
The contested legitimacy of investment arbitration and the human rights ordeal : The missing link
In
International arbitration and global governance
Author(s)
MUIR WATT Horatia - Ecole de Droit (Author)
MATTLI Walter - (Editor)
DIETZ Thomas - (Editor)
Editor
Oxford : Oxford University Press
Pages
214 - 239 p.
ISBN
9780198716723
Keywords
Arbitrage international, Concurrence internationale, Parties (droit)
Abstract
EN
Introduction: This chapter proceeds from the conviction that the language of human rights - understood here as encompassing collective social and economic needs - is the most disruptive common vocabulary that can be mobilized today, with normative leverage, in order to address at least some of the negative distributional consequences of the current international investment regime. Among these, the most prominent is the imbalance between the advantages accruing to the investor and the lack of correlative obligations or duties on its part toward the host State, whose hands are tied contractually, moreover, on many issues of public regulation. At the same time, the conduct of corporate investors abroad, encouraged and facilitated by the same investment treaties, has not hitherto been subject to any significant degree of regulation in their "home State". [First lines]

BIBLIOGRAPHIC QUOTE
EXPORT