Types International Investment Law and International Human Rights Law
International Investment Law and International Human Rights Law
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Advancing land rights are a crucial step to ensure that investments have positive rather than negative impacts for local communities. CCSI undertakes strategic activities to influence existing international legal frameworks and agendas to strengthen land rights protections, particularly for the most vulnerable of land users, and to support new actors and sectors in focusing on land rights.
CCSI submitted an application to file a written submission as an “other person” in Bear Creek Mining Corporation v. Republic of Peru. CCSI’s submission focused on a range of issues, including the implications of international human rights law for the interpretation and application of investment treaty standards.
CCSI focuses on the intersection of international investment law and international human rights law, and the impacts of their application for the most vulnerable of rights-holders. Among other things, this includes a specific focus on investment arbitrations, and their implications for the realization of human rights.
In May 2016, CCSI and the United Nations Special Rapporteur on the rights of indigenous peoples co-hosted a workshop on indigenous peoples and investment. The workshop brought together indigenous representatives, legal practitioners, academics, and other stakeholders to discuss how international investment and trade frameworks, and the international human rights law regime can be reformed to strengthen the rights of indigenous peoples.
Among the critical issues that arise from the interaction of human rights and investment law is whether and how the relatively greater access to justice provided to aggrieved investors by the international investment regime undermines access to justice for other individuals and communities, including those affected by large-scale land-based investment.
Dealing with land-based investments and the grievances that they raise can be difficult for host governments, who face a complicated landscape of legal obligations and pragmatic considerations. This project examines the different legal frameworks governing what governments can do to address and remedy land-related grievances after investment concessions have been awarded, with a specific focus on government obligations under international investment law and international human rights law.
Through its research, technical inputs, and convenings, CCSI works to help articulate the role of home states in advancing responsible and rights-compliant outward investment.
CCSI is analyzing how international investment agreements and investor-state dispute settlement can impact the rights of human rights defenders. This includes exploring whether the international investment law regime may exacerbate the repression and criminalization of human rights defenders in the context of investment projects.