By Lea Brilmayer
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Extra resources for From ‘Contract’ to ‘Pledge’ The Structure of International Human Rights Agreements
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International Commercial Arbitration: Important Contemporary Questions (), (outlining ‘overriding public interest in effective foreign investment protection’): ‘States recognize that effective investor protection promotes foreign investment—they proudly display their record in this regard on their foreign investment propaganda, promising a secure environment for such investments underpinned by effective international law standards. ’ The enforceability of arbitral awards in domestic courts is addressed by the United Nations Convention on Recognition and Enforcement of Arbitral Awards (New York Convention), .
The point, rather, is that the most effectively enforced human rights policies seem to be those that are based directly on underlying moral norms and not on treaties. Given that both Amnesty International and the US Department of State seem to attach little importance in the ‘shaming’ context to whether target states are actually parties to the treaties in question, it is unclear what purpose is served by putting the norms in question into treaty form. F R O M ‘C O N T R AC T ’ T O ‘P L E D G E ’: T H E S T RU C T U R E O F A good example of a situation in which contractual agreements have the effect of protecting nonstate actors is that of international investment agreements.
Although existence of a forum cannot be taken for granted, these possibilities can arise once a moral norm is adopted into law. None of these three possibilities can be evaluated in the abstract. In assessing them, the questions that need to be studied include: Undoubtedly there are large numbers of other questions that must be addressed, but these supply some starting points for an investigation. It is already clear that pledges raise questions quite different from traditional contractual treaties, and need to be assessed with an eye to their particular idiosyncracies.
From ‘Contract’ to ‘Pledge’ The Structure of International Human Rights Agreements by Lea Brilmayer
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