How can foreign direct investment contribute to fulfil the right to development and realize some of the UN Sustainable Development Goals? The chapter consider this question by focusing on the role of international law and intergovernmental institutions that deal with three aspects of foreign...

With Opinion 1/17, the ECJ has declared the compatibility with EU primary law of the mechanism for the international settlement of disputes between investors and States (ISDS), established under the CETA, a free trade agreement between Canada, on the one hand, and the EU and its Member States,...

Does a woman have a human right to resist rape or murder? Do people have a human right to resist tyranny? The United Nations Human Rights Council has said no - that international law recognizes no human right of self-defense. To the contrary, the Human Rights Council declares that very severe...

This article is about the plurality of international human rights law; it explores the political, policy, and practical dimensions of human rights law as they relate to the work of the World Bank. It is situated within the broad debate of the role of human rights in aid and development policy,...

The article addresses the role military commanders of UN Peacekeeping operations should play in cases of human rights violations taking place within their territorial jurisdiction. Its focus is upon human rights violations committed by warring parties, more specifically those violations of which...

The projected inclusion of the subsidiarity principle and the margin of appreciation doctrine in the preamble to the European Convention on Human Rights (ECHR) is a legal turn that deserves special attention. Is it a welcomed reform which will enhance the Strasbourg Court's often-questioned...

This essay is a reply to four critiques of the thesis advanced in The Sovereignty of Human Rights, which are to be published in a special issue of the Jerusalem Review of Legal Studies. The first claims that practices associated with human rights in the international arena bear a loose...

This chapter is focused on the challenges and implications of Articles 20(1), 21, 22, 24, and 44 of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP; the Declaration). These provisions are centered on: the economic, social, and cultural (ESC) rights of indigenous...