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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...
...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...
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...
...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...
...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,...
...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,...
...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...
...and Human Rights in an Era of Climate Disruption, Climate Change Justice and Human Rights Task Force Report, 2014. [33] ICC Commission Report, Resolving Climate Change related Disputes through Arbitration...
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