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Full-Text Articles in Human Rights Law
Reducing The Price Of Peace: The Human Rights Responsibilities Of Third-Party Facilitators, Michal Saliternik
Reducing The Price Of Peace: The Human Rights Responsibilities Of Third-Party Facilitators, Michal Saliternik
Vanderbilt Journal of Transnational Law
Peace agreements can bring about serious injustices. For example, they may establish oppressive regimes, provide for the transfer of populations, or allocate natural resources in an inequitable manner. This Article argues that third-party facilitators--states and international organizations that act as mediators, donors, or peacekeepers--should have a responsibility to prevent such injustices. While the primary duty to ensure the justice of peace agreements resides with the governments that negotiate and sign them, directing regulation efforts only at those governments may prove insufficient in protecting human rights under the politically constrained circumstances of peacemaking. It is therefore necessary to complement the primary …
Beyond Known Worlds: Climate Change Governance By Arbitral Tribunals?, Valentina Vadi
Beyond Known Worlds: Climate Change Governance By Arbitral Tribunals?, Valentina Vadi
Vanderbilt Journal of Transnational Law
Can economic development and the fight against climate change be integrated successfully? What role, if any, does international investment law play in global climate governance? Can foreign direct investments (FDI) be tools in the struggle against climate change? What types of claims have foreign investors brought with regard to climate change--related regulatory measures before investment treaty arbitral tribunals? This Article examines the specific question as to whether foreign direct investments can mitigate and/or aggravate climate change. The interplay between climate change and foreign direct investments is largely underexplored and in need of systematization. To map this nexus, this Article proceeds …