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Hierarchy in International LawThe Place of Human Rights$
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Erika De Wet and Jure Vidmar

Print publication date: 2012

Print ISBN-13: 9780199647071

Published to Oxford Scholarship Online: May 2012

DOI: 10.1093/acprof:oso/9780199647071.001.0001

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Human Rights Dimensions of Investment Law

Human Rights Dimensions of Investment Law

(p.236) 9 Human Rights Dimensions of Investment Law
Hierarchy in International Law

Susan L Karamanian

Oxford University Press

This chapter is concerned with conflicts between human rights and investment law. It argues that the instances of (supposed) conflicts is on the rise, particularly given the wide range of institutions that are authorized to resolve disputes which could implicate both human rights and investment. The rubric, however, has rarely caused courts or arbitral tribunals to opt for one norm — say the right to life — at the complete expense of foreign investment. The chapter shows that in cases of conflict, the dispute resolution body has plenty of legal tools to help redefine the debate to avoid the conflict in the first instance.

Keywords:   human rights, investment, investor-state arbitration, property, indigenous communities, norm hierarchy

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