Table of Contents

I INTRODUCTION AND SUMMARY OF THE BOOK
1: E.U.Petersmann: Introduction and Summary: 'Administration of Justice' in International Investment Law and Adjudication?
II IS THERE A ROLE FOR HUMAN RIGHTS IN INVESTOR-STATE ARBITRATION AND INTERNATIONAL ECONOMIC ADJUDICATION?
2: P M Dupuy: Unification Rather than Fragmentation of International Law? The Case of International Investment Law and Human Rights Law
3: F Francioni: Access to Justice, Denial of Justice, and International Investment Law
4: C Reiner and C Schreuer: Human Rights and International Investment Arbitration
5: M Hirsch: Investment Tribunals and Human Rights: Divergent Paths
6: J Werner: Limits of Commercial Investor-State Arbitration: The Need for Appellate Review
7: A Stone Sweet and F Grisel: Transnational Investment Arbitration: From Delegation to Constitutionalization?
8: E U Petersmann: Constitutional Theories of International Economic Adjudication and Investor-State Arbitration
III JUDICIAL 'BALANCING' OF ECONOMIC LAW AND HUMAN RIGHTS IN REGIONAL COURTS
9: B De Witte: Balancing of Economic Law and Human Rights by the European Court of Justice
10: P De Sena: Economic and Non-Economic Values in the Case Law of the European Court of Human Rights
11: U Kriebaum: Is the European Court of Human Rights an Alternative to Investor-State Arbitration?
12: P Nikken: Balancing of Human Rights and Investment Law in the Inter-American System of Human Rights
IV CASE STUDIES ON PROTECTION STANDARDS AND SPECIFIC HUMAN RIGHTS IN INVESTOR-STATE ARBITRATION
13: J Waincymer: Balancing Property Rights and Human Rights in Expropriation
14: I Knoll-Tudor: The Fair and Equitable Treatment Standard and Human Rights Norms
15: F Ortino: Non-Discriminatory Treatment in Investment Disputes
16: J Categreil: Implementing Human Rights in the NAFTA Regime - The Potential of a Pending Case: Glamis Corp v USA
17: J Harrison: Human Rights Arguments in Amicus Curiae Submissions: Promoting Social Justice?
18: J Krommendijk and J Morijn: 'Proportional' by What Measure(s)? Balancing Investor Interests and Human Rights by Way of Applying the Proportionality Principle in Investor-State Arbitration
19: V Sara Vadi: Reconciling Public Health and Investor Rights: The Case of Tobacco
20: P Thielbörger: The Human Right to Water Versus Investor Rights: Double-Dilemma of Pseudo-Conflict?
21: E Morgera: Human Rights Dimensions of Corporate Environment Accountability
22: R Pavoni: Environmental Rights, Sustainable Development, and Investor-State Case Law: A Critical Appraisal
23: L Liberti: The Relevance of Non-Investment Treaty Obligations in Assessing Compensation
24: A Dimopoulos: EU Free Trade Agreements: An Alternative Model for Addressing Human Rights in Foreign Investment Regulation and Dispute Settlement?

About the Author

Pierre-Marie Dupuy is Professor of public international law at the Graduate Institute of International and Development Studies in Geneva. He is on leave from the Université de Paris II (Panthéon-Assas) and was Professor at the European University Institute in Florence from 2000 to September 2008. Professor Dupuy has an extensive experience in the field of international dispute settlement and international arbitration including in the framework of
ICSID and UNCITRAL. Francesco Francioni holds a doctorate in law from the University of Florence and an LL.M from Harvard University. Currently, he holds the chair of international law and human rights at the European
University Institute and is visiting professor at the University of Texas. Other visiting appointments include the University of Oxford and Cornell Law School. He has been a delegate of the Italian government in many international negotiations especially in the field of environmental protection and cultural heritage. Prof. Dr. Ernst-Ulrich Petersmann holds the chair for international and European law at the European University Institute and was previously professor at the University of Geneva
and its Graduate Institute for International Studies. He has practised international economic law for more than 30 years as legal advisor in GATT and the WTO, legal advisor, member or chairman of
numerous GATT and WTO dispute settlement panels, and German representative in numerous European and international organizations. His publications include 25 books and more than 200 articles and book contributions.