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Are economic, social and social, and cultural rights actually taken into account when arbitration or adjudicating bodies (panels or tribunals) seek to solve disputes arising under international economic law (IEL)? The term ‘human rights' is seldom applied in the substantive provisions of trade...
Persistent link: https://www.econbiz.de/10013034944
The absence of articulations of public goods (beyond investment protection) in most international investment treaties has led to calls for these treaties to be interpreted by reference to other areas of international law, such as international human rights law. Relying upon Article 31(3)(c) of...
Persistent link: https://www.econbiz.de/10013035451
Persistent link: https://www.econbiz.de/10013037599
Do corporations have human rights? This article addresses a to date rather understudied issue of the corporations and human rights debate: whether and to what extent corporations can be bearers of human rights, with a focus on the ECHR and ECtHR jurisprudence. In a nutshell, it argues that what...
Persistent link: https://www.econbiz.de/10013214950
International standard-setting in the field of export control has been shaped by the presence of non-binding multilateral regimes. Central to international regulatory harmonisation is the Wassenaar Arrangement concerning export controls for conventional arms as well as for dual-use goods and...
Persistent link: https://www.econbiz.de/10013245561
The article explores the relationship between tort law and human rights. It explains the potential inherent in holding corporations liable in tort for human rights violations along the supply chain. Several European jurisdictions such as France and imposed duties of care on domestic corporations...
Persistent link: https://www.econbiz.de/10013245769
Pantha rhei (‘everything flows’) turns out to be a very fitting metaphor for how terabytes of digital data rush through the network of networks. Data flows tend to undermine outdated regulatory formations and to erode the paradigms that used to underpin a society’s conventional right to...
Persistent link: https://www.econbiz.de/10013246802
One of the main reproaches against the WTO is that it does not allow for the enforcement of human rights through trade measures. The article analyzes legal, economic and political aspects of trade sanctions and trade incentives respectively. Whereas the WTO legal order hardly permits trade...
Persistent link: https://www.econbiz.de/10012746334
the world. The papers examine the evolution of climate-related cases, the scope of such cases and the varying grounds on …
Persistent link: https://www.econbiz.de/10012795452
This report describes the increasing attention paid to the relationship between climate change and human rights in recent years, reviews the effects of climate change on the full enjoyment of human rights and outlines the application of human rights obligations to climate-related actions. The...
Persistent link: https://www.econbiz.de/10012999366