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Investor – State Arbitration and Human Rights de Filip Balcerzak

Investor – State Arbitration and Human Rights: International Studies in Human Rights, cartea 119

Autor Filip Balcerzak
en Limba Engleză Hardback – 23 aug 2017
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.


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Specificații

ISBN-13: 9789004338999
ISBN-10: 9004338993
Dimensiuni: 155 x 235 mm
Greutate: 0.59 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria International Studies in Human Rights

Cuprins

Acknowledgements
Introduction

1 Model Situations When Human Rights are Relevant for Investor – State Arbitration
1 Identification of Model Situations
2 First Model Situation – Host States Invoking Human Rights in the Absence of Violations Having been Committed by Investors
iInvocations of the General Notion of Human Rights
iiInvocations of Specific Human Rights
iiiHuman Rights Referred to by Arbitral Tribunals
3 Second Model Situation – Host States Invoking Human Rights Where Violations Have been Committed by Investors
4 Third Model Situation – Investors Invoking Human Rights
5 Interrelations between the Model Situations

2 Human Rights Context of Jurisdiction and Admissibility in Investor – State Arbitration
1 Scope of Jurisdiction of Tribunals in Investor – State Arbitration and Human Rights
iGeneral Remarks on the Grounds of Jurisdiction of Arbitral Tribunals
iiCharacteristics of the Consent to Arbitrate Given in Investment Treaties
iiiTypes of Jurisdictional Limits and Their Possible Consequences
ivTypes of Jurisdiction Clauses Typically Present in Investment Treaties
vScope of Arbitral Tribunals’ Jurisdiction in Investor – State Arbitration and Human Rights Invoked by Investors
viScope of Arbitral Tribunals’ Jurisdiction in Investor – State Arbitration and Human Rights Invoked by Host States
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
iDistinction between Jurisdiction and Admissibility in International Investment Law
ii“In Accordance with Local Laws” Requirement
iiiNon-explicit “in Accordance with Local Laws” Requirement
ivAdmissibility of and Jurisdiction Over Claims Concerning Investments Made Contrary to Host States’ Laws Concerning Human Rights

3 The Impact of Human Rights on the Merits of Investor – State Arbitration
1 Influence of Human Rights on the Interpretation of the Provisions of Investment Treaties
iGeneral Rules of Treaty Interpretation
iiFair and Equitable Treatment
iiiExpropriation
2 Possibility of Invoking Investors’ Human Rights in the Course of Arbitral Proceedings

4 Compensation and Costs in Investor – State Arbitration and the Issue of Human Rights
1 Impact of Human Rights on the Level of Compensation Awarded in Investor – State Arbitration
iGeneral Remarks
iiPrinciples Governing Compensation in Investor – State Arbitration
iiiConcept of Contributory Negligence
ivContributory Negligence and Human Rights Violations Committed by Investors
vReduction of Compensation and Remaining Human Rights Concerns
viConcept of Moral Damages
viiMoral Damages and Violations of Investors’ Human Rights
2 Human Rights Considerations as a Justification to Shift Costs of the Proceedings
iGeneral Remarks
iiRules Concerning the Burden of Costs
iiiDecision on Costs and the Issue of Human Rights

Conclusions
Bibliography
Index

Recenzii

“If the current system of investor – State arbitration is to survive, every effort must be made to increase the readiness among its participants to render legitimate public policy concerns effective. In this context, respect for human rights deserves pride of place. That is why Balcerzak’s work, the first English- language treatment of the potential impact of human rights on investment arbitration in book format, is so important. The author’s sober and hands-on approach should dispel the concern of arbitrators and counsel that the inclusion of human rights arguments would “politicize” their case.”
Bruno Simma, Member of the Iran-United States Claims Tribunal, Former Judge at the International Court of Justice

Notă biografică

Filip Balcerzak, Ph.D., LL.M., member of the Warsaw (adwokat) and Madrid (abogado) Bar Associations, Senior Associate at SSW Law Firm in Poland. He holds an LL.M. degree from Canada (University of Ottawa, 2011) and a Ph.D. degree from Poland (Adam Mickiewicz University in Poznań, 2016).