...human rights claims, and (ii) the justiciability of human rights claims against corporations. Traditionally, absolute rights, such as human rights, have not been subject to the jurisdiction of contract-based arbitration... Hague Rules on Business and Human Rights Arbitration: What Lies ...September 28, 2020 in Blog by clairesheridan
...Rights and has recognized the jurisdiction of the Inter-American Court of Human Rights (IACtHR). Despite these facts, there is not a single registered case against Panama for human rights abuses... TagTime with Dr. Yas Banifatemi – Arbitration as a means ...March 11, 2021 in Blog / TagTime by clairesheridan
...law are not uniform across jurisdictions. States may resist the extraterritoriality of human rights treaties. Arbitrations invoking environmental, human rights, and climate change law consist of business and human rights... TagTime with Prof. Diane Desierto – Invoking Climate Change, Environmental ...February 8, 2021 in Blog / TagTime by clairesheridan
...flexibility of arbitration allows arbitrators to respond to changes in human rights standards. Finally, allowing arbitral tribunals to address human rights violations will not preclude rightsholders from bringing their claims... Columbia Arbitration Day 2020May 3, 2021 in Blog / Columbia Arbitration Day by clairesheridan
Author: Kathleen Stanaro Jurisdiction: International Topics: Other Although tribunals have traditionally shied away from determining human rights issues,[1] there are many ways in which human rights concerns affect and may... The Evolving Role of Human Rights in International ArbitrationFebruary 5, 2019 in Blog by ARIA
...business-related human rights abuses.[3] This proposal provided two scenarios in which the arbitration of business and human rights could be invoked: (i) claims by victims of human rights violations against... International Arbitration as a Potential Forum for Business-Related Human Rights ...March 1, 2018 in Blog by ARIA
...contrarius at any time. Second, even if the intra-EU BITs grant investors individual rights, the EU States have powers to terminate those rights with the Treaty. Both of these propositions... Treaty Terminating the Intra-EU BITs: a Game-Changer or … Not?September 22, 2020 in Blog by clairesheridan
...Agreement on Investments (CAI),[2] ending the long negotiations which began in 2013.[3] As shown below, there is a prospect that the CAI will promote labor rights and rights related to... The EU-China Comprehensive Agreement on Investments – Promoting Sustainable Business ...February 25, 2021 in Blog by clairesheridan
...Failure to Arbitrate; Default Formal Requirements Grounds for Refusal of Enforcement Hague Rules on Business and Human Rights Arbitration Hearing HKIAC Human Rights ICC ICCA ICJ ICSID Immunity of Arbitrators... Search by TopicMay 10, 2021 by clairesheridan
...been an increasing amount of debate on the overlapping rights of pharmaceutical companies as investors under BITs and the sovereign right of a nation to expropriate patent rights for the... The Connection Between a COVID-19 Vaccine, Compulsory Licensing and Potential ...September 8, 2020 in Blog by Claire Sheridan
...with each of these questions in turn. HORIZONTAL HUMAN RIGHTS AND SELF-CONTAINED REGIMES Typically, human rights are intended to be vertical, or exercised by a citizen against the state. However,... Systemic Integration: Resolving the Dichotomy of Competing Obligations in International ...November 16, 2020 in Blog by clairesheridan
...has any relevance for the former: can international arbitration be an effective instrument for the protection of human rights? This question is important because human rights abuses are still widespread,... International Arbitration: The Human Rights Perspective* – Vol. 4 No. ...July 29, 2020 by Claire Sheridan