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Author:   Farouk El-Hosseny
Publisher:   Brill
Imprint:   Martinus Nijhoff
Edition:   XII, 335 Pp. ed.
Volume:   10
Weight:   0.677kg
ISBN:  

9789004349124

ISBN 10:   900434912
Pages:   336
Publication Date:   25 January 2018
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Not yet available  
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Table of Contents

List of Abbreviations Introduction 1 Concepts and Definitions i The Concept of `civil society' ii `Amicus curiae' and `third party intervention' Procedures 2 Approach and Methodology i Approach ii Methodology 3 Structure Part 1: Civil Society Participation before Investor-state Tribunals Introductory Remarks 1 Identifying the `public interest' in an Investor-state Arbitration Context 1.1 A Structural Stress Test: `public interest' Pressure on Foreign Investors' Rights and Host States' Obligations 1.2 Plenty of `hard law' Rights, Few `soft law' Obligations: A Look at the International Framework on Foreign Investment Protection 1.3 Earlier Examples of Public Interest Issues Raised in Investor-state Disputes 1.4 Adjudication a sens unique? Some of the Earlier Criticism of Investor-state Tribunals' Awards 1.5 Impact of the International Commercial Arbitration Model on Investor-state Arbitration and Civil Society's Role 2 Procedural Rules Governing Civil Society's Participation as micus curiae 2.1 Acceptance of Civil Society's Participation as Amicus curiae 2.2 Formalization of Amicus curiae Participation - The Opening Up to `third persons' 3 From Theory to Practice: Investor-state Tribunals' Decisions on Amicus curiae Participation 3.1 Earlier Tribunals Inspired by the Methanex Precedent 3.2 Tribunals That Applied Amended and Recently-Adopted Rules 3.3 Common (Procedural) Grounds 4 Civil Society Participation: Where Procedure Intertwines with Substance 4.1 Are Environmental Protection and Human Rights Issues Relevant to the Adjudication of Investor-state Disputes? 4.2 The leitmotiv of Environmental Protection 4.3 Civil Society as a Human Rights Advocate 4.4 Representing the Under-represented: Civil Society and Indigenous Groups 5 An Appraisal of Civil Society's Amicus curiae Role 5.1 Procedural Developments: Amicus curiae Intervention Crystallized 5.2 `Mixed results' - Do Investor-state Tribunals Consider Amici's Substantive Arguments? 6 Concluding Remarks Part 2: Civil Society Participation before Other Jurisdictions: Four Models Introductory Remarks 1 Absent, but Not Entirely: Indirect Participation at the icj 1.1 Contentious Proceedings 1.2 Advisory Proceedings 2 Standing before International Human Rights Jurisdictions 2.1 Civil Society as a Victim of Human Rights Violations before the ECtHR 2.2 Representation of Victims of Human Rights Violations before the IACtHR and achpr 3 A `friend of the court' Outside the Realm of Investor-state Arbitration 3.1 The amicus curiae Procedure - A Common Law Inspiration 3.2 wto Panels and the Appellate Body's Restrictive Approach 3.3 International Human Rights Jurisdictions' Liberalism 4 The Peculiar Case of Third Party Intervention 4.1 Third Party Intervention - A Look at the us Model 4.2 Third Party Intervention as Practiced before International Jurisdictions 4.3 Towards a Common Understanding of `third party intervention'? 5 Concluding Remarks Part 3: An Enhanced Role for Civil Society before Investor-state Tribunals? Introductory Remarks 1 Transcending amicus curiae Submissions 1.1 The Inherent Limitations of the amicus curiae Role - A Comparative Perspective 1.2 To be an amicus or Not to be: Fundamental Differences with Third Party Intervention 2 Looking for a Procedure to Uphold Third Parties' Direct Interest in Investor-state Arbitration 2.1 The Impossibility of `adding strangers to the arbitration' - ups v. Canada 2.2 Extreme Circumstances, Standard Limitations - Aguas del Tunari v. Bolivia 2.3 Jurisdictional Barriers Set by the ups and Bechtel Tribunals 3 The Access to Justice Principle: The Basis for Civil Society's Third Party Intervention? 3.1 Access to Justice under International Law 3.2 Is There a Civil Society ius standi before Investor-state Tribunals? 4 What Conditions Would Govern Civil Society's Third Party Intervention? 4.1 Rationalizing Civil Society's Third Party Intervention in Investor-state Arbitration 4.2 Procedural Void and Substantive Barriers: How to Reconcile Third Party Intervention with the Investor-state Arbitration Regime? 5 Concluding Remarks Conclusion Bibliography Summary Curriculum Vitae

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Farouk El-Hosseny, Ph.D. (Leiden University, 2016) is an international arbitration practitioner. He has co-authored a number of articles and chapters on international arbitration, including Amicus Acceptance and Relevance: The Distinctive Example of Philip Morris v. Uruguay (Netherlands International Law Review, 2016) and Non-Compensatory Damages in Civil and Common Law (Global Arbitration Review Guide to Damages, 2016).

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