Human Rights and International Investment Law PhD Workshop

Call for Abstracts
Dynamics of Inclusive Prosperity

The Erasmus Initiative Dynamics of Inclusive Prosperity (Erasmus University Rotterdam) is pleased to announce a call for abstracts for a Human Rights and International Investment Law PhD Workshop, taking place online on 27 and 28 October 2022.

Date
Thursday 27 Oct 2022, 11:00 - Friday 28 Oct 2022, 16:00
Type
Seminar
Room
Online
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The Workshop will bring together PhD candidates, investment arbitration and NGO practitioners who research and practice human rights and international investment law, and senior academics and practitioners in the field. The objective is for participants to present their research in a collaborative setting, facilitating interaction and mentorship between early career and senior academics and practitioners. Each ten-minute presentation will therefore be followed by comments from a senior discussant and questions from the audience. 

For this Workshop, the interpretation of what constitutes 'human rights and international investment law' is expansive, including issues such as climate change, fossil fuel phase out, sustainable development, labour, tax, health, water, environment, public participation, cultural heritage and more. It also includes critical approaches to and perspectives on human rights, and does not assume that a human rights approach is the best or a flawless lens through which to address international investment law.

Thursday 27 October

10:00-10:15

Welcome - Alessandra Arcuri on behalf of the Dynamics of Inclusive Prosperity Initiative

10:15-11:00

Keynote 1 - Tara Van Ho

11:00-13:00

Parallel panel session 1 (incl 10 min break)

13:00-14:00

Lunch break

14:00-16:00

Parallel panel session 2 (incl 10 min break)

16:00

Option to stay on Zoom call for informal networking

Thursday 27 October 11:00-13:00 CET - Parallel panel session 1

1.1

Diverse issues in human rights and international investment law

  • Kudzai Mataba - Towards a Truly Inclusive Global Tax Governance System: Perspectives from the Global South
  • Meiqing Wang - Compensation for Moral Damages in Investor-State Arbitral Awards
  • Takunda Gumbu - African Perspective on International Investment Law in the Age of Sustainable Development: Is It Time for Reform?
  • Betül Karagedik: Corporate Nationality in International Investment Law as a Case Study: Flying Dutchman Alamos Gold

Discussant: Anil Yilmaz

Moderator: Stephanie Triefus

1.2

Using international investment law to protect human rights and the environment

  • Rachel Biaz - “Impact Investor” State Dispute Settlement
  • Danilo Ruggero Di Bella - Investment Law, a catalyst for the self-determination process? Possible applications
  • Dan Keely - A new Age of Enforcement: The value of arbitration in human rights litigation

Discussant: Federica Violi

Moderator: Dafina Atanasova

Thursday 27 October 14:00-16:00 CET - Parallel panel session 2

2.1

Communities affected by investment projects - part 1

  • Arman Melikyan - Legitimisation Through Participation: Can Third-Party Participation Cure the Sustainable Development Wounds of ISDS?
  • Maciej Gajos - Social License to Operate: Aligning International Investment Arbitration with the United Nations Guiding Principles on Business and Human Rights?
  • Stephanie Triefus - “They had a problem with the locals”: Local Community Perspectives on Investment Arbitration

Discussant: Nicolás Perrone

Moderator: TBC

2.2

Integrating human rights law and international investment law

  • Animesh Das - Human Rights Obligations in Bilateral Investment Treaties – The South Asian Experience
  • Sek Lun Cheong - The Exclusion of the Human Rights of Investment-Affected Rights Holders under the Due Diligence Obligation of Investors in International Investment Law
  • Raymond Gao - Application of Human Rights Law in Investment Treaty Arbitration and its Limitations

Discussant: Barnali Choudhury

Moderator: Helionor de Anzizu

Friday 28 October

10:45-11:00

Welcome back

11:00-13:00

Parallel panel session 3 (incl 10 min break)

13:00-14:00

Lunch break

14:00-16:00

Parallel panel session 4 (incl 10 min break)

16:00-17:00

Speed networking

17:00

Option to stay on Zoom call for informal networking

Friday 28 October 11:00-13:00 CET - Parallel panel session 3

3.1

The state’s right to regulate for human rights and the environment

  • Niroshka Muhandiram - Environmental Regulation and Investment Protection: Is There a Conflict?
  • Ahmet Sefa Dinleyici - Bringing Human Rights Under the Context of Investment Arbitration by Police Power Doctrine
  • Kazim Berkay Aslan - Application of the Precautionary Principle in Investment Arbitration

Discussant: Elena Cima

Moderator: Sek Lun Cheong

3.2

International investment law, climate change and the environment

  • Swargodeep Sakar and Shirin Sultana - Environment and Public Health vis-a-vis International Investment Agreements: An Evaluation of BITs of South Asian Nations
  • Timo Zandstra - Challenging the Legal Valuation of Fossil Fuel Investments: Human Rights and Expropriation in International Investment Law
  • Helionor de Anzizu - Fossil Fuels Under Investment Law: Why Does This Matter from a Human Rights Perspective?

Discussant: Alessandra Arcuri

Moderator: Bart-Jaap Verbeek

Friday 28 October 14:00-16:00 CET - Parallel panel session 4
4.1

Communities affected by investment projects - part 2

  • Clara Maria Lopez Rodrigues - Addressing the Expropriation Conundrum in the Mining Sector: A Transnational Approach
  • Cristina Blanco Vizaretta - Rethinking international law from Amazonian onto Epistemologies: The Kukama People and the Amazonian Waterway Project
  • Elisabetta Marzo - The Protection of Human Rights of Local Communities in Investor-State Dispute Settlement

Discussant: Ibironke Odumosu-Ayanu

Moderator: Stephanie Triefus

4.2

Interrogating the structure of the international investment law regime

  • Naimeh Masumy - ICSID Arbitrators and their Approach to Transnational Legal Orders: Friend or Foe?
  • Claiton Fyock - Do We Mourn the Disintegration of International Investment Law?
  • Federico Suarez - Constitutional Law and International Investment Law: 30 Years of Constitutional Distortions in Latin America
  • Abdurrahman Erol - The Asymmetry in International Investment Law through the Lens of the Vulnerability Theory

Discussant: Suzy Nikiema

Moderator: Silvia Steininger

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