Jump to ContentJump to Main Navigation
Human Rights in International Investment Law and Arbitration$
Users without a subscription are not able to see the full content.

Pierre-Marie Dupuy, Ernst-Ulrich Petersmann, and Francesco Francioni

Print publication date: 2009

Print ISBN-13: 9780199578184

Published to Oxford Scholarship Online: February 2010

DOI: 10.1093/acprof:oso/9780199578184.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see http://www.oxfordscholarship.com/page/privacy-policy).date: 22 August 2018

Balancing of Economic Law and Human Rights by the European Court of Justice

Balancing of Economic Law and Human Rights by the European Court of Justice

Chapter:
(p.197) 9 Balancing of Economic Law and Human Rights by the European Court of Justice
Source:
Human Rights in International Investment Law and Arbitration
Author(s):

Bruno De Witte

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199578184.003.0009

This chapter explains the approach of the ECJ to the use of human rights principles in the application and interpretation of economic Community law. This question arises in three different constellations: when the Court is called to examine economic regulation by the European Union legislator in the light of fundamental rights; when the Court is called to examine economic regulation by the member states in the light of fundamental rights; and when the Court examines private interference with economic activities in the light of fundamental rights. The chapter examines these three constellations in turn, giving each time one or more examples of how the ECJ operates. The latter two situations are those that are most directly related to the core theme of the volume, namely human rights issues arising in investment disputes.

Keywords:   ECJ, economic Community law, economic regulation, private interferences, economic investment decisions

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .