Please use this identifier to cite or link to this item: http://bura.brunel.ac.uk/handle/2438/13855
Title: The ‘de-fragmentation’ of international investment law and international human rights law: a procedural basis for a host state human rights defence in ICSID arbitration
Authors: Guntrip, Edward John
Advisors: Bantekas, I
Keywords: Public international law;Regime conflict
Issue Date: 2016
Publisher: Brunel University London
Abstract: This thesis considers the intersection of international investment law and international human rights law in ICSID arbitration by reference to the ‘fragmentation’ of public international law. More specifically, it argues that it is possible to establish a procedural basis for a host state human rights defence in ICSID arbitration. Utilising a systemic conception of public international law driven by state consent, it is posited that regime conflict between international investment law and international human rights law in ICSID arbitration justifies the introduction of a host state human rights defence. By reference to the ICSID Arbitral Rules, this thesis establishes a viable basis for the introduction of international human rights law into ICSID arbitration by a host state. Finally, it is argued that a procedural basis for a host state human rights defence in ICSID arbitration has the ability to ‘de-fragment’ international investment law and international human rights law.
Description: This thesis was submitted for the award of Doctor of Philosophy and was awarded by Brunel University London
URI: http://bura.brunel.ac.uk/handle/2438/13855
Appears in Collections:Law
Dept of Politics, History and Law Theses

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