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In the last twenty years, the international investment regime has attracted wide attention. Academics, policymakers and civil society have studied this regime using different analytical and normative frameworks, defending as much as criticizing international investment treaties and arbitration....
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International human rights law is generally thought to apply directly to states, not to corporations since the latter is not a subject of international law. Some domestic courts are, however, enforcing these norms against corporations in domestic settings. Canadian courts have, for instance,...
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Extractive industries can bring much-needed jobs to remote locations in developing countries. At the same time, there are too many examples where extractive projects bring environmental degradation and human rights violations. Some research has pointed out that the difference between an...
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After the Supreme Court of Canada’s decision in Nevsun Resources Ltd. v. Araya, Canadian courts can, in theory, apply customary international law (CIL) to private corporate actors for the purposes of a transnational tort claim pursuant to allegations related to human rights and/or...
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The article accounts for three baselines that marked the thinking in the field of business and human rights: the first legalization baseline drawn by international human rights lawyers engaged in the UN Draft Norms effort of early 2000s, the second baseline exposing the polycentrism and...
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