Human Rights in International Investment Law and Arbitration (International Economic Law Series)

This book offers a systematic analysis of the interaction between international investment law, investment arbitration and human rights, including the role of national and international courts, investor-state arbitral tribunals and alternative jurisdictions, the risks of legal and jurisdictional fragmentation, the human rights dimensions of investment law and arbitration, and the relationships of substantive and procedural principles of justice to international investment law. Part I summarizes the main conclusions of the 24 book chapters and places them into the broader context of the principles of justice, global administrative law and multilevel constitutionalism that may be relevant for the administration of justice in international economic law and investor-state arbitration. Part II includes contributions clarifying the constitutional dimensions of transnational investment disputes and investor-state arbitration, as reflected in the increasing number of arbitral awards and amicus curiae submissions addressing human rights concerns. Part III addresses the need for principle-oriented ordering and the normative congruence of diverse national, regional and worldwide legal regimes, focusing on the pertinent dispute settlement practices and legal interpretation methods of regional economic courts and human rights courts, which increasingly interpret international economic law with due regard to human rights obligations of the governments concerned. Part IV includes twelve case studies on the potential human rights dimensions of specific protection standards (e.g. fair and equitable treatment, non-discrimination), applicable law (e.g. national and international human rights law, rules on corporate social accountability), procedural law issues (e.g. amicus curiae submissions) and specific fundamental rights (e.g. the protection of human health, access to water, and protection of the environment). These case studies discuss not only the still limited examples of human rights discourse in investor-state arbitral awards; they also probe the potential legal relevance of investor-state arbitration for the judicial recognition, interpretation and balancing of primary rules, such as of investment law and human rights law, in the light of the principles of justice as defined by national and international law.

Dupuy, Pierre-Marie

Petersmann, Ernst-Ulrich

Francioni, Francesco

Foreign & International Law

Oxford University Press

The growth in scope and importance of the private military and security industry in the past decade has challenged the role of the state as the main provider of defence and security functions. At the same time it has put under stress the state's authority to properly oversee the conduct of private contractors and has raised the question of whether existing rules of domestic law and international law are adequate to ensure their accountability in the event of abuse. This book addresses this question through the lens of international human rights law and international humanitarian law. It presents a systematic analysis of the way in which these two bodies of international law, applicable in times of peace and in the event of armed conflict, may be interpreted and implemented in a way so as to fill possible accountability gaps. Human rights and humanitarian law obligations are analysed from the point of view of their applicability to the states involved, to international organizations, and to the companies and their individual employees. Victims' access to civil remedies and the criminal prosecution of private contractors, as well as new policy issues, such as the use of private contractors in the fight against piracy, are also covered in the book.

War by Contract: Human Rights, Humanitarian Law, and Private Contractors

Ronzitti, Natalino

The idea of cultural heritage as an 'international public good' can be traced back to the Preamble of the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, according to which "damage to cultural property belonging to any people whatsoever means damage to the cultural heritage of all mankind". How this idea of cultural heritage as a global public good can be reconciled with the effective enforcement of protection norms is the subject of this study. Bringing together world experts in protecting cultural heritage, Enforcing International Cultural Heritage Law examines the different ways that cultural heritage property can be protected, including protection at the international level, enforcement in domestic courts, and the role of alternative dispute resolution mechanisms. The book is divided into three sections. The first section assesses international law and analyzes the interaction between international and domestic norms of public and private law. It discusses the different methods of international enforcement, the role of international and mixed criminal tribunals and courts, and the means for protecting cultural heritage in times of armed conflict. The second section addresses the role of national courts, discussing such topics as: barriers to domestic enforcement of international norms, the refusal to enforce foreign law, the difficulty of territorial boundaries in relation to underwater heritage, and the application of criminal sanctions by domestic courts. The final section of the book surveys alternatives to the legal enforcement of the norms protecting cultural heritage, including arbitration, soft law, and diplomacy.

Enforcing International Cultural Heritage Law (Cultural Heritage Law and Policy)

Gordley, James

The EU, the US and Global Climate Governance

This volume presents a critical analysis of transatlantic relations in the field of environmental governance and climate change. The work focuses on understanding the possible trends in the evolution of global environmental governance and the prospects for breaking the current impasse on climate action. Drawing on research involving experts from eleven different universities and institutes, the authors provide innovative analyses on policy measures taken by the EU and the US, the world’s largest economic and commercial blocs, in a number of fields, ranging from general attitudes on environmental leadership with regard to climate change, to energy policies, new technologies for hydrocarbons extraction and carbon capture, as well as the effects of extreme weather events on climate-related political attitudes. The book examines the way in which the current attitudes of the EU and the US with regard to climate change will affect international cooperation and the building of consensus on possible climate policies, and looks to the future for international environmental governance, arguably one of the most pressing concerns of civilisation today. This book, which is based on research carried out in the context of the EU-financed FP7 research project TRANSWORLD, will appeal to academics, policy makers and practitioners seeking a deeper understanding of the challenges resulting from climate change.

Bakker, Christine

Reference

Routledge

This volume presents a critical analysis of transatlantic relations in the field of environmental governance and climate change. The work focuses on understanding the possible trends in the evolution of global environmental governance and the prospects for breaking the current impasse on climate action. Drawing on research involving experts from eleven different universities and institutes, the authors provide innovative analyses on policy measures taken by the EU and the US, the world’s largest economic and commercial blocs, in a number of fields, ranging from general attitudes on environmental leadership with regard to climate change, to energy policies, new technologies for hydrocarbons extraction and carbon capture, as well as the effects of extreme weather events on climate-related political attitudes. The book examines the way in which the current attitudes of the EU and the US with regard to climate change will affect international cooperation and the building of consensus on possible climate policies, and looks to the future for international environmental governance, arguably one of the most pressing concerns of civilisation today. This book, which is based on research carried out in the context of the EU-financed FP7 research project TRANSWORLD, will appeal to academics, policy makers and practitioners seeking a deeper understanding of the challenges resulting from climate change.

This work addresses international concern about the harm which may result from environmentally hazardous activities. It embraces traditional transboundary harm originating in one country and affecting the territory of another country and includes global transboundary harm occurring when the sources of pollution and the potential damages are so widespread that it is impossible to point out either a single responsible State or a single injured State. Rules relating to environmental harm may be found at the level of international responsibility for wrongful conduct, the level of international liability for injurious consequences arising out of acts not prohibited by international law and the level of domestic or uniform rules on civil liability for hazardous activities. While there is a need for a more appropriate legal framework this book does not purport to give definite solutions to open questions. It describes legal tools presently available for dealing with the consequences of international environmental harm, and tries to focus on some specific risks or accidents, as well on some aspects of international cooperation.

International Responsibility for Environmental Harm (International Environment Law and Policy)

Environmental & Natural Resources Law

Springer

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Books by Francioni, Francesco

See the best price to sell, buy, or rent books by Francioni, Francesco. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Human Rights in International Investment Law and Arbitration (International Economic Law Series)

War by Contract: Human Rights, Humanitarian Law, and Private Contractors

Enforcing International Cultural Heritage Law (Cultural Heritage Law and Policy)

The EU, the US and Global Climate Governance

The EU, the US and Global Climate Governance

International Responsibility for Environmental Harm (International Environment Law and Policy)