Bilateral investment treaties and international human rights law: harmonization through interpretation

Bilateral investment treaties and international human rights law: harmonization through interpretation

This Report explores the relationship between bilateral investment treaties (BITs) and international human rights law.

It argues that there is a significant and growing potential for conflict between these bodies of law, and that international investment tribunals can and should interpret BITs in a manner that mitigates these conflicts.

treaties law interpretation-thematic report-2012 (full text in English, PDF)

U.S.: ICJ and others urge Supreme Court to review KIOBEL v Shell appeals court decision

U.S.: ICJ and others urge Supreme Court to review KIOBEL v Shell appeals court decision

The ICJ and other human rights groups submitted a brief amicus curiae to the United States Supreme Court.

It supports the plaintiffs’ petition of a writ of certiorari in relation to the 2nd Circuit Appeals Court’s majority decision in late 2010 denying the application of international law to transnational corporations in the context of the U.S. Alien Tort Statute- ATS.

Amicus submit that a general principle of law exists that corporations can be held liable for egregious conduct that falls within the scope of the ATS. The majority’s failure to consult general principles of law warrants immediate review and remand.

United States-Supreme Court transnational corporations-legal submission-2011 (full text, PDF)

Access to justice : human rights abuses involving corporations – India

Access to justice : human rights abuses involving corporations – India

Access to justice and availability of effective legal remedies are crucial to the general protection of human rights and also in addressing violations by businesses. 

They are also essential to the work of judges and lawyers who promote the rule of law and human rights. Nevertheless, access to justice is hindered by a number of obstacles unique to corporate human rights abuses.

The study of state practice in India reveals the obstacles but also the potential of the existing legal framework  to ensure these rights. Scrutiny of state practices in this area will, moreover, help the international community discover new ways of addressing the challenge of corporate human rights abuse.

India-business and human rights – access to justice publication-2011 (full text in English, PDF)

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