Investor - State Arbitration and Human Rights
Publisher: BRILL
Published: 2017
Language: eng
Number of pages: 323
ISBN-13: 9789004338999
Subjects: Investments, foreign (international law); Investments, foreign, law and legislation; Human rights; Arbitration and award
Description: 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.