Cart
Free Shipping in Ireland
Proud to be B-Corp

Investment and Human Rights in Armed Conflict Daria Davitti

Investment and Human Rights in Armed Conflict By Daria Davitti

Investment and Human Rights in Armed Conflict by Daria Davitti


€47.79
Condition - New
Only 2 left

Investment and Human Rights in Armed Conflict Summary

Investment and Human Rights in Armed Conflict: Charting an Elusive Intersection by Daria Davitti

This book analyses the way in which international human rights law (IHRL) and international investment law (IIL) are deployed or fail to be deployed in conflict countries within the context of natural resources extraction. It specifically analyses the way in which IIL protections impact on the parallel protection of economic, social and cultural rights (ESC rights) in the host state, especially the right to water. Arguing that current responses have been unsatisfactory, it considers the emergence of the Protect, Respect and Remedy framework and the Guiding Principles for Business and Human Rights (jointly the Framework) as a possible analytical instrument. In so doing, it proposes a different approach to the way in which the Framework is generally interpreted, and then investigates the possible applicability of this recalibrated Framework to the study of the IHRL-IIL interplay in a host country in a protracted armed conflict: Afghanistan. Through the emblematic example of Afghanistan, the book presents a practical dimension to its legal analysis. It uniquely portrays the elusive intersection between these two bodies of international law within a host country where the armed conflict continues to rage and a full economic restructuring is taking place away from the public eye, not least through the deployment of IIL and the inaction or merely partial consideration of IHRL. The book will be of interest to academics, policy-makers, and practitioners of international organisations involved in IHRL, IIL and/or deployed in contexts of armed conflict.

Investment and Human Rights in Armed Conflict Reviews

Daria Davittis Investment and Human Rights in Armed Conflict is to be welcomed as an original, innovative and insightful contribution to the debate on the relationship between foreign investment regulation and human rights ... Davittis book is a mandatory read to understand and master where the debate on investment and human rights should be directed. -- Paolo Vargiu, University of Leicester * Leiden Journal of International Law *

About Daria Davitti

Daria Davitti is a Research Fellow at Lund University in Sweden and an Assistant Professor at the University of Nottingham, UK.

Table of Contents

Introduction I. Focus of the Book II. Structure of the Book 1. Extractive Sector Investment in Conflict Countries: The Situation in Afghanistan I. Extractive Companies in Conflict Countries: An Issue of Human Rights Protection? A. The Human Rights Impact of Extractive Companies in Conflict Countries B. Conceptualising the Term Protection II. Practical Challenges in Operationalising Human Rights Protection When Extractive Companies Invest in Conflict Countries: The Situation in Afghanistan A. Corporate Abuse and Soft-law Mechanisms B. Prioritising the Rights to be Protected C. A Complex Political Context III. Preliminary Conclusions 2. The Relevant Legal Framework: Investment Protection in Conflict Settings I. Foreign Investment and the Need for Protection: International Investment Law and Armed Conflict A. The Notion of Investment II. Relevant Standards of Investment Protection A. The Evolution of FET through the Doctrine of Legitimate Expectations B. Full Protection and Security C. War Clauses D. Protections Against Expropriation E. Most-favoured Nation Treatment III. Preliminary Conclusions 3. The Relevant Legal Framework of Human Rights Protection: ESC Rights and the Right to Water I. Reasons for a Focus on the Right to Water II. Legal Foundations of the Right to Water III. States Obligations to Respect, Protect and Fulfil IV. Article 2(1) ICESCR: Progressive Realisation and Obligations of Immediate Effect A. Elimination of Discrimination B. Obligation to Take Steps C. Prohibition of Retrogressive Measures D. Minimum Core Obligations V. Availability, Accessibility, Acceptability and Quality VI. Maximum Available Resources VII. International Assistance and Cooperation as a Basis for Extraterritorial Obligations VIII. On Limitations to ESC Rights IX. Preliminary Conclusions 4. Human Rights and Investment: Analysing the Relationship I. The Contours of a Troubled Relationship A. Of Conflicting Laws: How States Obligations in International Investment Agreements Affect States Human Rights Obligations B. Of the Inherent Limitations of International Investment Law II. Is a Balance Between Investors Rights and Human Rights Possible? III. Preliminary Conclusions 5. Business and Human Rights: A Tool for Investment and Human Rights Protection in Armed Conflict? I. A Critical Appraisal of the Business and Human Rights Framework A. Third Pillar: Effective Remedial Action B. Second Pillar: The Corporate Responsibility to Respect Human Rights C. First Pillar: The States Duty to Protect Human Rights II. The Framework at the Intersection of International Human Rights Law and Investment Law in Armed Conflict III. Preliminary Conclusions Conclusion: Implications for Afghanistan

Additional information

NLS9781509946143
9781509946143
1509946144
Investment and Human Rights in Armed Conflict: Charting an Elusive Intersection by Daria Davitti
New
Paperback
Bloomsbury Publishing PLC
2020-12-17
288
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
This is a new book - be the first to read this copy. With untouched pages and a perfect binding, your brand new copy is ready to be opened for the first time

Customer Reviews - Investment and Human Rights in Armed Conflict