Van Ho, Tara (2021) Obligations of International Assistance and Cooperation in the Context of Investment Law. In: Routledge Handbook on Extraterritorial Human Rights Obligations. Routledge.
Van Ho, Tara (2021) Obligations of International Assistance and Cooperation in the Context of Investment Law. In: Routledge Handbook on Extraterritorial Human Rights Obligations. Routledge.
Van Ho, Tara (2021) Obligations of International Assistance and Cooperation in the Context of Investment Law. In: Routledge Handbook on Extraterritorial Human Rights Obligations. Routledge.
Abstract
This Chapter considers states’ obligations to provide international assistance and cooperation (‘IAC’) for the protection and realisation of human rights in the context of international investment law (‘IIL’). It focuses on the obligations arising from Article 2(1) of the International Covenant on Economic, Social, and Cultural Rights (‘ICESCR’). This is only one potential avenue for establishing extraterritorial human rights obligations in the context of IIL, but it is one that has not yet been seriously considered. As this Chapter concludes, a more structured and fully developed understanding of what Article 2(1) requires of states has the potential to upend current approaches to the relationship between IIL and international human rights law (‘IHRL’). To date, scholarship has considered how ICESCR’s IAC obligations might inform the analysis of particular issues within IIL. As such, scholars have narrowly focused on the obligations of investors’ home states when developing and negotiating IIAs and when providing financial support to investors operating overseas, or to protect human rights by ensuring accountability for national investors that operate abroad. This Chapter starts from a different position, centring the demands of IAC and asking about their implications for IIL. By looking at what is broadly required of states with regard to IAC (Section 2) before outlining the impact IIL has on IHRL (Section 3) I set a foundation to assess the responsibility of negotiating states (Section 4). I am also able to reveal IAC obligations on third-party states in the context of IIL (Section 4). In this, I break novel ground. I conclude (Section 5) that the recognition of third-party obligations for IAC in the context of IIL has the potential to alter the existing relationship between IIL and IHRL, and raises further questions for scholars and practitioners.
Item Type: | Book Section |
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Divisions: | Faculty of Humanities > Essex Law School |
Depositing User: | Unnamed user with email elements@essex.ac.uk |
Date Deposited: | 07 Feb 2022 19:08 |
Last Modified: | 07 Feb 2022 19:08 |
URI: | http://repository.essex.ac.uk/id/eprint/30003 |
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