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The article addresses the vexing problem of holding corporations liable for assisting in the sovereign abuse of human rights. Currently domestic human rights litigation against corporations appears to be a proxy fight in which the accomplice is pursued while the principal evades punishment....
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This paper investigates the multiple roles of human rights in investment law and arbitration, in particular with respect to state parties, foreign investors, and affected communities. Human rights are not only conflicting and complementary to investment treaties, but can both expand and restrict...
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The interplay between human rights and international investment law and arbitration is a relatively recent field of enquiry, both on the academic and policy levels. But the role and responsibility of corporations in respecting human rights when they invest or operate other activities abroad has...
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Positive obligations stemming from international human rights law require states to realize fundamental rights. This Perspective argues that those human rights obligations may serve as basis for the conceptualization of a duty to regulate in investment law. Furthermore, it reflects on the...
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Taking into account the authoritative nature of decisions of the ECHR, the latter could become an additional instrument in the argumentation toolkit for both, the investors and the host states. As it can be observed from the emergence of scholarly discussions on the topic, principles of the ECHR...
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In the broad context of responsible management, and corporate responsibility, the present paper studies the general issue of conflicts between private investors, and governments, with a particular focus on the investor-state dispute settlement through international arbitration. On the grounds of...
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