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Research Handbook on Human Rights and Investment
The interplay between human rights and investments is a key and complex issue in today’s world. To take stock of this importance and to tackle this complexity, this Research Handbook offers a unique multi-faceted approach. It gathers in-depth contributions which focus on the interplay between human rights and investments in various international legal regimes, economic sectors and regions. It also provides thorough analyses of the various types of accountability that may result from the activities of multinational corporations in relation to human rights. This Research Handbook is intended for practitioners, policy-makers, academics and students eager to understand the interaction between human rights and investments in all its dimensions.
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Critical Acclaim
Contributors
Contents
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In today’s globalised world, the relationship between human rights and investment is an important societal and legal issue. This Research Handbook unravels this complex interaction and sheds light on all of its dimensions; it takes stock of the impact that investment operations can have on human rights and it examines how international law addresses, and contributes to, this complicated interplay.
Taking a unique approach, this Research Handbook contains insightful chapters that provide analyses of specific international law regimes, with a particular focus on international investment law and arbitration. It also offers in-depth discussions of the corporate and home State responsibilities that can result from the activities of multinational corporations. Sectorial and regional case studies are also explored; they provide a grounding for the more theoretical aspects of the Research Handbook and highlight the key sectors, such as the agricultural and extractive industries, that are prone to human rights violations.
Academics, students, practitioners and policy-makers, with an interest in human rights law, international economic law and the activities of multinational corporations, will find this Research Handbook to be an important resource in their daily research and practice.
Taking a unique approach, this Research Handbook contains insightful chapters that provide analyses of specific international law regimes, with a particular focus on international investment law and arbitration. It also offers in-depth discussions of the corporate and home State responsibilities that can result from the activities of multinational corporations. Sectorial and regional case studies are also explored; they provide a grounding for the more theoretical aspects of the Research Handbook and highlight the key sectors, such as the agricultural and extractive industries, that are prone to human rights violations.
Academics, students, practitioners and policy-makers, with an interest in human rights law, international economic law and the activities of multinational corporations, will find this Research Handbook to be an important resource in their daily research and practice.
Critical Acclaim
‘The Research Handbook on Human Rights and Investment provides a comprehensive and timely analysis of the various dimensions of the interplay between investment and human rights. These many dimensions, including the effect of foreign investment on a local population''s human rights and international corporate responsibility for human rights violations, raise complex policy and legal questions. The Research Handbook is a welcome and important contribution to research on the controversial interplay between investment and human rights.’
– Andrew Newcombe, University of Victoria, Canada
– Andrew Newcombe, University of Victoria, Canada
Contributors
Contributors: D. Baumann-Pauly, A. Berkes, L. Boisson de Chazournes, K. Cordes, E. De Brabandere, M. Fanou, M. Hazelzet, S.M. Jastram, U. Kriebaum, J. Kyriakakis, G. Lehane, G. Lhuilier, D. Lim, J. Loutit, J. Mandelbaum, R. Mella, R. Polanco, Y. Radi, M. Tignino, R.V. Vadi, V. Tzevelekos
Contents
Contents:
Preface
Introduction: Taking stock of the societal and legal interplay between human rights and investment
Yannick Radi
PART I VIEWS FROM INTERNATIONAL LAW REGIMES
1.Human rights and international investment arbitration
Ursula Kriebaum
2. Investment arbitration and human rights cases in Latin America
Rodrigo Polanco and Rodrigo Mella
3. The shared territory of the ECHR and international investment law
Maria Fanou and Vassilis Tzevelekos
4. Human rights, international investment law and transparency
Laurence Boisson de Chazournes and Rukia Baruti
5. Human rights and investments at the WTO
Valentina Vadi
6. Human Rights at the World Bank group
Gwen Lehane
PART II MNCs’ ACCOUNTABILITY FOR HUMAN RIGHTS VIOLATIONS
7. Corporate responsibility and human rights – Navigating between international, domestic and self-regulation
Eric De Brabandere and Maryse Hazelzet
8. MNCs obligations in their ''sphere of influence''
Gilles Lhuilier
9. International criminal responsibilities for MNCs violations of human rights
Joanna Kyriakakis
10. Extraterritorial responsibility of the home States for MNCs violations of human rights
Antal Berkes
PART III SECTORIAL AND REGIONAL CASE STUDIES
11. Extractive industry investments and human rights
Jacky Mandelbaum and Jennifer Loutit
12. Investments and human rights in the agricultural sector
Kaitlin Cordes
13. Assessing human rights issues in the fashion industry – Challenges for investors
Dorothée Baumann-Pauly and Sarah Margaretha Jastram
14. Private investments and the human right to water
Mara Tignino
15. Investments and human rights in Asia
Delphia Lim
Index
Preface
Introduction: Taking stock of the societal and legal interplay between human rights and investment
Yannick Radi
PART I VIEWS FROM INTERNATIONAL LAW REGIMES
1.Human rights and international investment arbitration
Ursula Kriebaum
2. Investment arbitration and human rights cases in Latin America
Rodrigo Polanco and Rodrigo Mella
3. The shared territory of the ECHR and international investment law
Maria Fanou and Vassilis Tzevelekos
4. Human rights, international investment law and transparency
Laurence Boisson de Chazournes and Rukia Baruti
5. Human rights and investments at the WTO
Valentina Vadi
6. Human Rights at the World Bank group
Gwen Lehane
PART II MNCs’ ACCOUNTABILITY FOR HUMAN RIGHTS VIOLATIONS
7. Corporate responsibility and human rights – Navigating between international, domestic and self-regulation
Eric De Brabandere and Maryse Hazelzet
8. MNCs obligations in their ''sphere of influence''
Gilles Lhuilier
9. International criminal responsibilities for MNCs violations of human rights
Joanna Kyriakakis
10. Extraterritorial responsibility of the home States for MNCs violations of human rights
Antal Berkes
PART III SECTORIAL AND REGIONAL CASE STUDIES
11. Extractive industry investments and human rights
Jacky Mandelbaum and Jennifer Loutit
12. Investments and human rights in the agricultural sector
Kaitlin Cordes
13. Assessing human rights issues in the fashion industry – Challenges for investors
Dorothée Baumann-Pauly and Sarah Margaretha Jastram
14. Private investments and the human right to water
Mara Tignino
15. Investments and human rights in Asia
Delphia Lim
Index
