EU Human Rights, International Investment Law and Participation

This book demonstrates how human rights obligations of the EU foreign constitution can be operationalized in the realm of international economic regulation. The content is divided into three major parts. The first outlines the legal foundations needed for the EU to become a shaper of international investment law, which include the general principles and objectives of EU external policies, the Charter of Fundamental Rights, international human rights and the international investment competences of the EU. The second part demonstrates the current international investment regime's incompatibility with human rights interests, while the third analyzes two mechanisms stemming from trade Law ex-ante human rights impact assessments and civil society monitoring bodies and explores whether they could mitigate the current inequalities in the protection of rights. The potential of these mechanisms, the book argues, lies in their capacity to ensure a comprehensive assessment of all interests atstake, and to empower traditionally marginalized rights-holders to make, shape and contest the international investment regime.

Brings together three fields of law: EU external relations law, human rights law and international investment law Provides the first comprehensive research on the EU's current approach to investment law in light of its human rights commitments Includes a unique, comprehensive review of all ISDS awards with human rights relevance Provides one of the first detailed studies on the role of civil society monitoring bodies in EU trade and investment agreements

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Contenu

Introduction: The EU Objective to Global Human Rights Protection and Becoming an Actor in International Investment Law.- Part I.- The Legal Equipment: Competence, Constraints and Objectives.- EU Human Rights as a Framework for Foreign Policies.- The International Investment Competence of the EU.- Part II.- The Context: Entering an Unjust Regime?.-Tensions Between the International Investment Regime and Human Rights: A Regulatory Tilt?.- The EU Approach to International Investment Agreements.- Part III.- Resolving the Failures, Utilizing the Possibilities: Two Proposals.- Assessment and Participation Through Human Rights Impact Assessments.- Consultation and Participation Through Domestic Advisory Groups and Civil Society Meetings.- Concluding Remarks on the EU Obligation to Empower Neglected Interests and on Ways Forward to More Inclusive Global Economic Regulation.