Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Relationship between Investment Contracts and Human Rights: A Developing Countries’ Perspective

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

This chapter addresses the relationship between investment law and human rights law. A State uses the investment contract as a legal arrangement with foreign investors to explore its natural resources, develop infrastructure, acquire new technology, and obtain managerial know-how. The human rights issue in relation to investment contracts has two aspects: internal and external. Internal aspect refers to how human rights can be integrated within the contractual framework. External aspect suggests that the process of negotiation of contract should clearly reflect the key human rights values such as public participation and transparency in contract negotiation and contractual terms and conditions. Concerns for human rights in relation to investment contracts are articulated in two ways: first, potential negative impact of operation of investment projects on host community. Second, potential implications of investment protection mechanisms included in investments contracts on the host government's ability to regulate on human rights and social issues.

Keywords: foreign investors; human rights law; investment contracts; investment law; investment projects; investment protection mechanisms

10.1163/9789004258242_012
/content/books/b9789004258242s012
dcterms_subject,pub_keyword
10
5
Loading

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    International Law and Developing Countries — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation