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The United States is the only major industrialized nation that restricts trade with Cuba. Although President Obama issued several executive orders that facilitated limited trade, an embargo remains in place, and by law, Congress cannot lift it until, among other things, the Cuban government...
Persistent link: https://www.econbiz.de/10012961570
The treaty-based regime of investment protection is said to protect the property rights of foreign investors. Arbitral tribunals are usually tasked with settling investment disputes using principles of international law, some of which refer to the doctrine of protection of aliens. These features...
Persistent link: https://www.econbiz.de/10012907551
Vital importance to any society is the establishment and conduct of human rights, including economic and social rights. This paper comparatively examines the economic and social rights within the Egyptian Constitution and local law provisions, with the United Nations Declaration of Human Rights...
Persistent link: https://www.econbiz.de/10012895975
How is legitimacy to be secured for constitution-like legal orders operating beyond the state? Some scholars recommend connecting aspects of global law to human rights adjudication and enforcement by adopting their preferred method for resolving conflicts, namely, proportionality analysis....
Persistent link: https://www.econbiz.de/10012941509
Does globalization just create welfare gains, or is it accompanied by lower accountability, reduced welfare provision, labor standards or human rights? We argue that the broad and legally enforceable protection offered to foreign investors by bilateral investment treaties (BITs) worsens the...
Persistent link: https://www.econbiz.de/10012945451
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...
Persistent link: https://www.econbiz.de/10012824263
Over the past decades, it has become evident that international investment law interacts in various ways with human rights, beyond the mere common roots of both sets of norms. While foreign investment can be generally beneficial to the respect for and the progressive realization of social...
Persistent link: https://www.econbiz.de/10012824269
The EU has included human rights clauses in its international trade and cooperation agreements since the early 1990s. These clauses permit a party to a trade agreement to adopt ‘appropriate measures' in the event that the other party violates human rights or democratic principles. This study...
Persistent link: https://www.econbiz.de/10013053457
The adoption of the U.N. Guiding Principles on Business and Human Rights represents a watershed moment in the business and human rights movement. Nevertheless, despite its achievements, the work to align business and human rights issues remains.One approach to furthering the work in this area...
Persistent link: https://www.econbiz.de/10012992513
This paper discusses problems of legal fragmentation of international investment law and human rights law and related legal methodology questions regarding person-oriented principles of justice (such as human rights and “proportionality balancing”) in contrast to the more commonly applied...
Persistent link: https://www.econbiz.de/10012994770