INTERNATIONAL INVESTMENT LAW AND THE RIGHT TO HEALTH
ABSTRACT: This article reflects on the hurdles of the right to health within international investment dispute settlement. Its main purpose is to analyze the way in which both, the right to health and property rights should fit there. In doing so, relevant jurisprudence, normative and pragmatic argu...
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| Autor principal: | |
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| Lenguaje: | English |
| Publicado: |
Pontificia Universidad Católica de Chile. Facultad de Derecho
2020
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| Acceso en línea: | http://www.scielo.cl/scielo.php?script=sci_arttext&pid=S0718-34372020000100081 |
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| Sumario: | ABSTRACT: This article reflects on the hurdles of the right to health within international investment dispute settlement. Its main purpose is to analyze the way in which both, the right to health and property rights should fit there. In doing so, relevant jurisprudence, normative and pragmatic arguments are provided. Some of the measures and strategies proposed so far to foster cohabitation between both branches of international law are challenged in an attempt to demonstrate that none of them will effectively contribute to better protect the right to health. Likewise, it offers less explored solutions, such as engaging the World Health Organization and the International Court of Justice, and a shift in the onus of proof through the application of the Precautionary Principle. |
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