Book contents
- The Cambridge Companion to Business & Human Rights Law
- Cambridge Companions to Law
- The Cambridge Companion to Business & Human Rights Law
- Copyright page
- Contents
- Figures and Tables
- Contributors
- Preface
- Cases
- Abbreviations
- 1 Business and Human Rights
- 2 Reconciling International Human Rights with International Trade
- 3 Neoliberalism, State-Capitalism and European Ordo-Liberalism
- 4 Corporate Governance and Corporate Social Responsibility
- 5 The Role of Business in International Development and the Attainment of the Sustainable Development Goals
- 6 The Business Case for Human Rights
- 7 The UN Guiding Principles on Business and Human Rights and Its Predecessors
- 8 The Regulatory Framework of Multinational Enterprises
- 9 The UN Global Compact and the OECD Guidelines for Multinational Enterprises and Their Enforcement Mechanisms
- 10 Taxation and Business
- 11 Corporate Accountability for the Natural Environment and Climate Change
- 12 Corporate Accountability for Corruption and the Business Case for Transparency
- 13 Disability, Business and Human Rights
- 14 Gender, Business and Human Rights
- 15 The Business Sector and the Rights to Work and Just and Favourable Conditions of Work
- 16 Responsible Lending
- 17 Business and Human Rights Approaches to Intellectual Property
- 18 The Role of Human Rights in Investment Law and Arbitration
- 19 The Use of International Arbitration Tribunals for Business and Human Rights Disputes
- 20 Innovative Contractual Remedies with Indigenous Peoples
- 21 The Role of Ethics in Corporate Human Rights Impact Assessments
- 22 Addressing Human Rights Impacts in Sustainability Reporting
- 23 Leveraging the Consumer-Led Movement to Strengthen Sustainable Business
- 24 The Structural Complexity of Multinational Corporations and the Effect on Managing Human Rights Risks in the Supply Chain
- 25 Towards a UN Business and Human Rights Treaty
- Index
18 - The Role of Human Rights in Investment Law and Arbitration
State Obligations, Corporate Responsibility and Community Empowerment
Published online by Cambridge University Press: 10 September 2021
- The Cambridge Companion to Business & Human Rights Law
- Cambridge Companions to Law
- The Cambridge Companion to Business & Human Rights Law
- Copyright page
- Contents
- Figures and Tables
- Contributors
- Preface
- Cases
- Abbreviations
- 1 Business and Human Rights
- 2 Reconciling International Human Rights with International Trade
- 3 Neoliberalism, State-Capitalism and European Ordo-Liberalism
- 4 Corporate Governance and Corporate Social Responsibility
- 5 The Role of Business in International Development and the Attainment of the Sustainable Development Goals
- 6 The Business Case for Human Rights
- 7 The UN Guiding Principles on Business and Human Rights and Its Predecessors
- 8 The Regulatory Framework of Multinational Enterprises
- 9 The UN Global Compact and the OECD Guidelines for Multinational Enterprises and Their Enforcement Mechanisms
- 10 Taxation and Business
- 11 Corporate Accountability for the Natural Environment and Climate Change
- 12 Corporate Accountability for Corruption and the Business Case for Transparency
- 13 Disability, Business and Human Rights
- 14 Gender, Business and Human Rights
- 15 The Business Sector and the Rights to Work and Just and Favourable Conditions of Work
- 16 Responsible Lending
- 17 Business and Human Rights Approaches to Intellectual Property
- 18 The Role of Human Rights in Investment Law and Arbitration
- 19 The Use of International Arbitration Tribunals for Business and Human Rights Disputes
- 20 Innovative Contractual Remedies with Indigenous Peoples
- 21 The Role of Ethics in Corporate Human Rights Impact Assessments
- 22 Addressing Human Rights Impacts in Sustainability Reporting
- 23 Leveraging the Consumer-Led Movement to Strengthen Sustainable Business
- 24 The Structural Complexity of Multinational Corporations and the Effect on Managing Human Rights Risks in the Supply Chain
- 25 Towards a UN Business and Human Rights Treaty
- Index
Summary
Recent developments in investment arbitration have reaffirmed that corporations are not only recipients of rights under bilateral investment treaties, but also subjects of international law and can thus bear at least some human rights obligations under international law. Moreover, in a growing number of cases such as Philipp Morris, civil society intervened as third party by relying heavily on human rights arguments, thus enabling affected communities to voice their interests. The present contribution thus investigates the multiple roles of human rights in investment law and arbitration. It argues that human rights play an important role for state parties, foreign investors, and affected communities alike. They are not only conflicting and complementary to investment treaties, but can both expand and restrict the scope of jurisdiction of investment tribunals. For states, investors, and third parties alike human rights can be used as a sword or a shield in international investment law and arbitration. The different roles human rights play in investment law and arbitration very much depend on the underlying concept of human rights.
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- The Cambridge Companion to Business and Human Rights Law , pp. 406 - 427Publisher: Cambridge University PressPrint publication year: 2021
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