Fabrizio Marrella

ECONOMIC GLOBALISATION AND HUMAN RIGHTS

Introduction Koen De Feyter Part I. Interdisciplinary Perspectives on Human Rights and Economic Globalisation: 1. Economic globalisation, globalist stories of the state, and human rights Jernej Pikalo 2. Towards a theory of global ethics in support of human rights George Ulrich 3. Localising human rights Koen De Feyter 4. Globalisation and social rights Adalberto Perulli Part II. The Relevance of Human Rights for International Economic Organisations: 5. The World Trade Organization and human rights Wolfgang Benedek 6. Making trade policies more accountable and human rights-consistent: a NGO perspective of using human rights Instruments in the case of access to medicines Davinia Ovett 7. The Bretton Woods Institutions and human rights: converging tendencies Laurence Boisson de Chazournes Part III. International Corporate Accountability: 8. Alternative perspectives on international responsibility for human rights violations by multinational corporations Francesco Francioni 9. Human rights, arbitration, and corporate social responsibility in the law of international trade Fabrizio Marrella Part IV: 10. General conclusions Wolfgang Benedek and Fabrizio Marrella.

On the Changing Structure of International Investment Law: The Human Right to Water and ICSID Arbitration

Water is the world’s third largest industry after oil and energy power. Although clean drinking water and sanitation are necessary for the health and development of individuals and communities, even today, billions of people lack access to either. In response to these concerns, the international community has set a Millennium Development Goal (MDG) of providing, by 2015, clean water and improved sanitation to at least half of the people worldwide who now lack these services. Water is treated both as a public good and an economic good. In the last decade, we have witnessed the commoditisation through privatization and liberalisation of an essential good for each individual’s life. Transnational corporations may encounter water issues in at least three different contexts: a) as enablers of access to water; b) as providers or distributors of water and c) as a user or consumer of water. Many initiatives have been developed within the United Nations such as the Global Compact and the appointment of both an independent expert on human rights obligations related to access to safe drinking water and sanitation and a Special Representative of the Secretary General on business and human rights. Both of them are mainstreaming human rights in the business sector reconciling different forms of regulations. The right to water has come into discussion in a number of ICSID arbitrations and other cases are still pending. The purpose of this article is to discuss the advancement of the thinking in this field so that it could be applied in arbitration practice.

Regolazione internazionale e responsabilità globale delle imprese transnazionali

International Regulation and Global Responsibility of Transnational Corporations - In recent years and before the global financial crisis, international law has struggled to regulate the activity of transnational corporations since the latter have greatly expanded their capacity for action on a global scale. Despite numerous efforts by the International Community to agree on a hard law international legal framework, the soft law process has been the primary arena for the regulation of transnational corporations and human rights. In addition, host state control, home state control and international responsibility of directors and companies itself have so far remained the fundamental avenues through which issues of global corporate responsibility have been assessed. ‘Contractualisation’ of human rights has also been viewed as a further avenue to control the human rights impact of corporate activity. The UN Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises has generated an impressive stock of report capitalizing on issues well known in specialised international economic law literature. He is raising global awareness and institutionalizing new paradigms of understanding the complex relationship between business and human rights: a matter of vital importance for this century. The work of the UN Special Representative constitutes therefore a step forward towards an holistic approach of contemporary international law.

Globalisation and Social Rights

Introduction: the social dimension of the global market The growing economic interdependence between Nation-States, and the fast expansion of global trade, linked to international financial mobility, are at the origin of the extensive debate about the measures needed to protect fundamental social rights from the increased competition of markets and resulting competitive devaluation of national social policies. The latest analyses of the evolving tendencies of globalisation highlight two fundamental implications for national labour law systems. One is linked to the relationship between the economy and the State, and concerns the decline of the nation-states control of the regulation of the market. The other relates to the de-nationalisation of economic activities by companies, especially multinational ones, in large part influenced by regional differences in labour costs and social security programmes, which transplants the declining of the regulatory capacity of the nation-state and ‘deconstruction’ into labour law systems. Both tendencies risk causing a general rush towards an acceptance of a lowest common denominator level in workplace standards; standards which are anyway being threatened by what institutional economists call ‘destructive competition’ and by the resulting processes of global delocalisation of production, phenomena which are followed by the competitive devaluation of internal social policies. The search for greater competitiveness is often carried out, even in the more advanced and consolidated economic systems, through the compromise of social rights and sweatshop-like practices instead of through re-planning of organisational models of production based on making workers responsible and involving them.

Economic Globalisation and Human Rights: Index

Introduction Koen De Feyter Part I. Interdisciplinary Perspectives on Human Rights and Economic Globalisation: 1. Economic globalisation, globalist stories of the state, and human rights Jernej Pikalo 2. Towards a theory of global ethics in support of human rights George Ulrich 3. Localising human rights Koen De Feyter 4. Globalisation and social rights Adalberto Perulli Part II. The Relevance of Human Rights for International Economic Organisations: 5. The World Trade Organization and human rights Wolfgang Benedek 6. Making trade policies more accountable and human rights-consistent: a NGO perspective of using human rights Instruments in the case of access to medicines Davinia Ovett 7. The Bretton Woods Institutions and human rights: converging tendencies Laurence Boisson de Chazournes Part III. International Corporate Accountability: 8. Alternative perspectives on international responsibility for human rights violations by multinational corporations Francesco Francioni 9. Human rights, arbitration, and corporate social responsibility in the law of international trade Fabrizio Marrella Part IV: 10. General conclusions Wolfgang Benedek and Fabrizio Marrella.

Economic Globalisation and Human Rights: The Relevance of Human Rights for International Economic Organisations

Introduction Koen De Feyter Part I. Interdisciplinary Perspectives on Human Rights and Economic Globalisation: 1. Economic globalisation, globalist stories of the state, and human rights Jernej Pikalo 2. Towards a theory of global ethics in support of human rights George Ulrich 3. Localising human rights Koen De Feyter 4. Globalisation and social rights Adalberto Perulli Part II. The Relevance of Human Rights for International Economic Organisations: 5. The World Trade Organization and human rights Wolfgang Benedek 6. Making trade policies more accountable and human rights-consistent: a NGO perspective of using human rights Instruments in the case of access to medicines Davinia Ovett 7. The Bretton Woods Institutions and human rights: converging tendencies Laurence Boisson de Chazournes Part III. International Corporate Accountability: 8. Alternative perspectives on international responsibility for human rights violations by multinational corporations Francesco Francioni 9. Human rights, arbitration, and corporate social responsibility in the law of international trade Fabrizio Marrella Part IV: 10. General conclusions Wolfgang Benedek and Fabrizio Marrella.

Economic Globalisation and Human Rights: Inter-disciplinary Perspectives on Human Rights and Economic Globalisation

Introduction Koen De Feyter Part I. Interdisciplinary Perspectives on Human Rights and Economic Globalisation: 1. Economic globalisation, globalist stories of the state, and human rights Jernej Pikalo 2. Towards a theory of global ethics in support of human rights George Ulrich 3. Localising human rights Koen De Feyter 4. Globalisation and social rights Adalberto Perulli Part II. The Relevance of Human Rights for International Economic Organisations: 5. The World Trade Organization and human rights Wolfgang Benedek 6. Making trade policies more accountable and human rights-consistent: a NGO perspective of using human rights Instruments in the case of access to medicines Davinia Ovett 7. The Bretton Woods Institutions and human rights: converging tendencies Laurence Boisson de Chazournes Part III. International Corporate Accountability: 8. Alternative perspectives on international responsibility for human rights violations by multinational corporations Francesco Francioni 9. Human rights, arbitration, and corporate social responsibility in the law of international trade Fabrizio Marrella Part IV: 10. General conclusions Wolfgang Benedek and Fabrizio Marrella.

Economic Globalisation and Human Rights: International Corporate Accountability

Introduction Koen De Feyter Part I. Interdisciplinary Perspectives on Human Rights and Economic Globalisation: 1. Economic globalisation, globalist stories of the state, and human rights Jernej Pikalo 2. Towards a theory of global ethics in support of human rights George Ulrich 3. Localising human rights Koen De Feyter 4. Globalisation and social rights Adalberto Perulli Part II. The Relevance of Human Rights for International Economic Organisations: 5. The World Trade Organization and human rights Wolfgang Benedek 6. Making trade policies more accountable and human rights-consistent: a NGO perspective of using human rights Instruments in the case of access to medicines Davinia Ovett 7. The Bretton Woods Institutions and human rights: converging tendencies Laurence Boisson de Chazournes Part III. International Corporate Accountability: 8. Alternative perspectives on international responsibility for human rights violations by multinational corporations Francesco Francioni 9. Human rights, arbitration, and corporate social responsibility in the law of international trade Fabrizio Marrella Part IV: 10. General conclusions Wolfgang Benedek and Fabrizio Marrella.

Economic Globalisation and Human Rights: List of abbreviations

Introduction Koen De Feyter Part I. Interdisciplinary Perspectives on Human Rights and Economic Globalisation: 1. Economic globalisation, globalist stories of the state, and human rights Jernej Pikalo 2. Towards a theory of global ethics in support of human rights George Ulrich 3. Localising human rights Koen De Feyter 4. Globalisation and social rights Adalberto Perulli Part II. The Relevance of Human Rights for International Economic Organisations: 5. The World Trade Organization and human rights Wolfgang Benedek 6. Making trade policies more accountable and human rights-consistent: a NGO perspective of using human rights Instruments in the case of access to medicines Davinia Ovett 7. The Bretton Woods Institutions and human rights: converging tendencies Laurence Boisson de Chazournes Part III. International Corporate Accountability: 8. Alternative perspectives on international responsibility for human rights violations by multinational corporations Francesco Francioni 9. Human rights, arbitration, and corporate social responsibility in the law of international trade Fabrizio Marrella Part IV: 10. General conclusions Wolfgang Benedek and Fabrizio Marrella.