Civil society in investment treaty arbitration : status and prospects / by Farouk El-Hosseny.
2018
K3830 .E4 2018 (Mapit)
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Author
Title
Civil society in investment treaty arbitration : status and prospects / by Farouk El-Hosseny.
Imprint
Leiden ; Boston : Brill Nijhoff, [2018]
Description
xi, 335 pages ; 25 cm.
Series
Nijhoff international investment law series ; v. 10.
Formatted Contents Note
Introduction
Part 1. Civil society paricipation before investor-state tribunals
Identifying the 'public interest' in an investor-state arbitration context
Procedural rules governing civil society's participation as amicus curiae
From theory to practice : investor-state tribunals' decisions on amicus curiae participation
Civil society participation : where procedure intertwines with substance
An appraisal of civil society's amicus curiae role
Concluding remarks
Part 2. Civil society participation before other jurisdictions
Absent, but not entirely : indirect participation at the ICJ
Standing before international human rights jurisdictions
A 'friend of the court' outside the realm of investor-state arbitration
The peculiar case of third party intervention
Concluding remarks
Part 3. An enhanced role for civil society before investor-state tribunals
Transcending amicus curiae submissions
Looking for a procedure to uphold third parties' direct interest in investor-state arbitration
The access to justice principle : the basis for civil society's third party intervention?
What conditions would govern civil society's third party intervention?
Conclusion.
Part 1. Civil society paricipation before investor-state tribunals
Identifying the 'public interest' in an investor-state arbitration context
Procedural rules governing civil society's participation as amicus curiae
From theory to practice : investor-state tribunals' decisions on amicus curiae participation
Civil society participation : where procedure intertwines with substance
An appraisal of civil society's amicus curiae role
Concluding remarks
Part 2. Civil society participation before other jurisdictions
Absent, but not entirely : indirect participation at the ICJ
Standing before international human rights jurisdictions
A 'friend of the court' outside the realm of investor-state arbitration
The peculiar case of third party intervention
Concluding remarks
Part 3. An enhanced role for civil society before investor-state tribunals
Transcending amicus curiae submissions
Looking for a procedure to uphold third parties' direct interest in investor-state arbitration
The access to justice principle : the basis for civil society's third party intervention?
What conditions would govern civil society's third party intervention?
Conclusion.
Summary
Civil Society in Investment Treaty Arbitration: Status and Prospects' provides an overview of the evolution of civil society?s participation as amicus curiae before ICSID tribunals and ad hoc tribunals applying the UNCITRAL Arbitration Rules. That evolution fits within a broader movement towards transparency in investment treaty arbitration. By looking at the procedural roles available to civil society before other jurisdictions, the book questions whether the amicus role could be expanded. El-Hosseny ultimately shows how substance and procedure closely intertwine. The issue of civil society?s participation in investment treaty arbitration transcends the procedural realm. It is equally about arbitral tribunals? openness vis-à-vis public interest, environmental protection and human rights issues - a crucial consideration in ongoing debates over the legitimacy of investor-state arbitration.00.
Note
Civil Society in Investment Treaty Arbitration: Status and Prospects' provides an overview of the evolution of civil society?s participation as amicus curiae before ICSID tribunals and ad hoc tribunals applying the UNCITRAL Arbitration Rules. That evolution fits within a broader movement towards transparency in investment treaty arbitration. By looking at the procedural roles available to civil society before other jurisdictions, the book questions whether the amicus role could be expanded. El-Hosseny ultimately shows how substance and procedure closely intertwine. The issue of civil society?s participation in investment treaty arbitration transcends the procedural realm. It is equally about arbitral tribunals? openness vis-à-vis public interest, environmental protection and human rights issues - a crucial consideration in ongoing debates over the legitimacy of investor-state arbitration.00.
Bibliography, etc. Note
Includes bibliographical references and index.
Location
STA
Call Number
K3830 .E4 2018
Language
English
ISBN
9789004349124 (hardcover alkaline paper)
900434912X (hardcover alkaline paper)
9789004349131 (ebook)
900434912X (hardcover alkaline paper)
9789004349131 (ebook)
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