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In Investor – state arbitration and human rights Filip Balcerzak examines the interrelations between human rights and international investment law.
The work discusses whether, and how, human rights arguments may be presented in the course of arbitral proceedings based on investment treaties.
The work identifies three model situations, derived from existing arbitral jurisprudence, which provide the backdrop and methodological tool underpinning the book’s legal analysis. The work considers the perspectives of both host states and investors and analyzes all stages of arbitral proceedings – jurisdiction, admissibility, merits, compensation and costs – to determine the potential impact of human rights on the outcome of proceedings.
The work discusses whether, and how, human rights arguments may be presented in the course of arbitral proceedings based on investment treaties.
The work identifies three model situations, derived from existing arbitral jurisprudence, which provide the backdrop and methodological tool underpinning the book’s legal analysis. The work considers the perspectives of both host states and investors and analyzes all stages of arbitral proceedings – jurisdiction, admissibility, merits, compensation and costs – to determine the potential impact of human rights on the outcome of proceedings.
Price: $198.00
Pages: 324
Publisher: Brill
Imprint: Brill | Nijhoff
Series: International Studies in Human Rights
Publication Date:
24 August 2017
ISBN: 9789004338999
Format: Hardcover
“If the current system of investor – State arbitration is to survive, every effort must be made to increase the readiness among its participants to render legitimate public policy concerns effective. In this context, respect for human rights deserves pride of place. That is why Balcerzak’s work, the first English- language treatment of the potential impact of human rights on investment arbitration in book format, is so important. The author’s sober and hands-on approach should dispel the concern of arbitrators and counsel that the inclusion of human rights arguments would “politicize” their case.”
Bruno Simma, Member of the Iran-United States Claims Tribunal, Former Judge at the International Court of Justice
Bruno Simma, Member of the Iran-United States Claims Tribunal, Former Judge at the International Court of Justice
Filip Balcerzak, Ph.D., LL.M., member of the Warsaw (adwokat) and Madrid (abogado) Bar Associations, Senior Associate at SSW Law Firm in Poland. He holds an LL.M. degree from Canada (University of Ottawa, 2011) and a Ph.D. degree from Poland (Adam Mickiewicz University in Poznań, 2016).