Giulia D'Agnone

Recognition of Human Rights in Investment Arbitration Decisions: The Right to a Safe Environment in the "Chevron" Case

  • Abstract

Informations and abstract

Keywords: Right to a Safe Environment; Human Rights; Class Action; Collective Rights; Arbitration; Investments.

The paper focuses on the interpretation of the right to a safe environment given by an investment tribunal established under the auspices of the Permanent Court of Arbitration in the "Chevron" case. The tribunal has been called to interpret a disposition of the Ecuadorian Constitution. However, in the international law perspective some remarks can be made over the restrictive interpretation adopted by the tribunal in the case at issue. In particular, the decision highlights the limited role that human rights, and the right to a safe environment in particular, play in investment arbitration.

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