Human Rights in International Investment Law and Arbitration

<br>Pierre-Marie Dupuy is Professor of public international law at the Graduate Institute of International and Development Studies in Geneva. He is on leave from the Universit de Paris II (Panth on-Assas) and was Professor at the European University Institute in Florence from 2000 to September 2008. Professor Dupuy has an extensive experience in the field of international dispute settlement and international arbitration including in the framework of ICSID and UNCITRAL. <br>Francesco Francioni holds a doctorate in law from the University of Florence and an LL.M from Harvard University. Currently, he holds the chair of international law and human rights at the European University Institute and is visiting professor at the University of Texas. Other visiting appointments include the University of Oxford and Cornell Law School. He has been a delegate of the Italian government in many international negotiations especially in the field of environmental protection and cultural heritage. <br>Prof. Dr. Ernst-Ulrich Petersmann holds the chair for international and European law at the European University Institute and was previously professor at the University of Geneva and its Graduate Institute for International Studies. He has practiced international economic law for more than 30 years as legal advisor in GATT and the WTO, legal advisor, member or chairman of numerous GATT and WTO dispute settlement panels, and German representative in numerous European and international organizations. His publications include 25 books and more than 200 articles and book contributions.<br>

1. I INTRODUCTION AND SUMMARY OF THE BOOK; Introduction and Summary: 'Administration of Justice' in International Investment Law and Adjudication?; II IS THERE A ROLE FOR HUMAN RIGHTS IN INVESTOR-STATE ARBITRATION AND INTERNATIONAL ECONOMIC ADJUDICATION?; 2. Human Rights and International Investment Law: A Case for Fragmentation or Unity of Public International Law?; 3. Access to Justice, Denial of Justice and International Investment Law; 4. Human Rights and International Investment Arbitration; 5. Investment Tribunals and Human Rights: Divergent Paths; 6. Limits of Commercial Investor-State Arbitration: Need for Appellate Review; 7. Transnational Investment Arbitration: From Delegation to Constitutionalization?; 8. Constitutional Theories of International Economic Adjudication and Investor-State Arbitration; III JUDICIAL 'BALANCING' OF ECONOMIC LAW AND HUMAN RIGHTS IN REGIONAL COURTS; 9. Balancing of Economic Law and Human Rights in the European Court of Justice; 10. Economic and Non-Economic Values in the Case Law of the European Court of Human Rights; 11. Is the European Court of Human Rights an Alternative to Investor-State Arbitration?; 12. Balancing of Human Rights and Investment Law in the Inter-American System of Human Rights; IV CASE STUDIES ON PROTECTION STANDARDS AND SPECIFIC HUMAN RIGHTS IN INVESTOR-STATE ARBITRATION; 13. Balancing Property Rights and Human Rights in Expropriation; 14. Fair and Equitable Treatment in Investment Disputes under ICSID; 15. Non-Discriminatory Treatment in Investment Disputes under ICSID; 16. Impact of Human Rights on the Applicable Law in NAFTA Investment Disputes?; 17. Human Rights Arguments in Amicus Curiae Submissions: Promoting Social Justice?; 18. 'Proportional' by What Measure(s)? Balancing Investor Interests and Human Rights by Way of Applying the Proportionality Principle in Investor-State Arbitration; 19. Reconciling the Human Rights to Health with Investor's Rights: The Case of Tobacco; 20. The Human Rights to Water vs Investor Rights; 21. Human Rights Dimensions of Corporate Environment Accountability; 22. Environmental Rights, Sustainable Development and Investor Rights; 23. The Relevance of Non-Investment Treaty Obligations in Assessing Compensation; 24. EU Free Trade Agreements: An Alternative Model for Addressing Human Rights in Foreign Investment Regulation and Dispute Settlement?