EU Human Rights, International Investment Law And Participation: Operationalizing The EU Foreign Policy Objective To Global Human Rights Protection
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This book demonstrates how human rights obligations of the EU foreign constitution can be operationalized in the realm of international economic regulation. The content is divided into three major parts. The first outlines the legal foundations needed for the EU to become a shaper of international investment law, which include the general principles and objectives of EU external policies, the Charter of Fundamental Rights, international human rights and the international investment competences of the EU. The second part demonstrates the current international investment regime’s incompatibility with human rights interests, while the third analyzes two mechanisms stemming from trade Law – ex-ante human rights impact assessments and civil society monitoring bodies – and explores whether they could mitigate the current inequalities in the protection of rights. The potential of these mechanisms, the book argues, lies in their capacity to ensure a comprehensive assessment of all interests at stake, and to empower traditionally marginalized rights-holders to make, shape and contest the international investment regime. Front Matter ....Pages i-xii Introduction: The EU Objective to Global Human Rights Protection and Becoming an Actor in International Investment Law (Vivian Kube)....Pages 1-8 Front Matter ....Pages 9-9 EU Human Rights as a Framework for Foreign Policies (Vivian Kube)....Pages 11-91 The International Investment Competence of the EU (Vivian Kube)....Pages 93-127 Front Matter ....Pages 129-130 Tensions Between the International Investment Regime and Human Rights: A Regulatory Tilt? (Vivian Kube)....Pages 131-198 The EU Approach to International Investment Agreements (Vivian Kube)....Pages 199-236 Front Matter ....Pages 237-240 Assessment and Participation Through Human Rights Impact Assessments (Vivian Kube)....Pages 241-287 Consultation and Participation Through Domestic Advisory Groups and Civil Society Meetings (Vivian Kube)....Pages 289-322 Concluding Remarks on the EU Obligation to Empower Neglected Interests and on Ways Forward to More Inclusive Global Economic Regulation (Vivian Kube)....Pages 323-329
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