Author: Abhisar Vidyarthi* Jurisdictions: International India Topics: Hague Rules on Business and Human Rights Arbitration Human Rights Law The overlap between human rights and international arbitration has always been a...
...make arbitration a tool for the rule of law that can be used to improve human rights in the maritime environment. When it comes to human rights, the sea is...
...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...
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...
...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...
...as the UN Guiding Principles on Business and Human Rights (UNGPs).[8] Principle 9 of UNGPs provides that States should “maintain adequate domestic policy space to meet their human rights obligations...
...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,...
...For example, the foreign investor may be entitled to human rights protections from the actions of the host state, or conversely, the foreign investor might violate human rights within the...
Author: Shaun Milligan* Published: April 2021 Jurisdictions: International Bangladesh Topics: Commercial Disputes Confidentiality Arbitral Adjudication Description: In December 2019, the Hague Rules on Business and Human Rights Arbitration (the “Hague...
...basis of human rights violations by the investor. Anya George argued against the motion that human rights and investment arbitration are incompatible. Ms. George posited that there is a gap...
...this article argues that the sovereign nature of one of the parties requires that international law, which also includes human rights, be designated as the governing law of their disputed...
...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...
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