Full Description
The book examines the complex relationship between international investment law and international human rights law, focusing on the privatisation of social rights services, such as water, health, education, and housing.
Unlike other sectors, social rights services are subject to very specific human rights obligations under international law. Investment tribunals, however, have often overlooked these obligations. Through detailed analysis, the book demonstrates how investment law has been applied or interpreted in ways that hinder governments from adapting or improving social rights services, ultimately resulting in human rights violations. Nonetheless, the book proves that, within the existing scope of investment law, investment protections can be interpreted in a way that are compatible with human rights norms. Demonstrating how these two fields can be systemically integrated, the book provides a detailed method that can be used by investment tribunals to harmoniously interpret investment and human rights law.
The book will be of interest to researchers and practitioners in the field of investment law, international law, and human rights law.
Contents
1. Introduction 2. From Fragmentation to Integration 3. Approaches to the Interaction between Investment Law and Human Rights Law 4. Social Rights Obligations: Nature and State Duties 5. The Privatisation of Social Rights in the Era of International Investment Law 6. Legitimate Expectations in International Investment Law 7. Legitimate Expectations and Social Rights 8. Moving Forward
