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

Davitti, Daria LU (2019) In Human Rights Law in Perspective
Abstract
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 examines different approaches to the way in which the... (More)
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 examines different approaches 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. (Less)
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author
organization
publishing date
type
Book/Report
publication status
in press
subject
keywords
Public international law, Human rights, Folkrätt, Mänskliga rättigheter
in
Human Rights Law in Perspective
edition
1
publisher
Hart Publishing Ltd
ISBN
9781509911660
language
English
LU publication?
yes
id
a2a4ce31-96bc-4a78-b90d-4b104bff771c
date added to LUP
2018-11-07 16:59:58
date last changed
2018-11-21 21:43:02
@book{a2a4ce31-96bc-4a78-b90d-4b104bff771c,
  abstract     = {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 examines different approaches 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.},
  author       = {Davitti, Daria},
  isbn         = {9781509911660 },
  keyword      = {Public international law,Human rights,Folkrätt,Mänskliga rättigheter},
  language     = {eng},
  month        = {05},
  publisher    = {Hart Publishing Ltd},
  series       = {Human Rights Law in Perspective},
  title        = {Investment and Human Rights in Armed Conflict: Charting an Elusive Intersection},
  year         = {2019},
}