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A critical approach to investment facilitation debate
Luciana Ghiotto

the signing of BITs and the arrival of foreign investment. 34 A shift in the UNCTAD policy became evident, putting the question of state policy at the center of investment protection policies, especially for developing countries. 35 The UNCTAD examined the type of investment that had reached the least industrialized economies, and explained that these countries should start focusing

in Latin America and international investment law
Members, dissidents, and an outsider
Magdalena Bas

this step, Ecuador returned to be a member of the regime. The outsider: the Brazilian state policy Brazil is a paradigmatic state in South America since historically it has behaved as an outsider to the international investment protection regime in general, and the investor–state dispute resolution regime. Even when a new model of bilateral agreement, Cooperation and Facilitation

in Latin America and international investment law
Resistance and accommodation
Sufyan Droubi
Cecilia Flores Elizondo
, and
Raphael Heffron

Nicolás M. Perrone , “The ‘Invisible’ Local Communities: Foreign Investor Obligations, Inclusiveness, and the International Investment Regime” ( 2019 ) 113 AJIL Unbound 16 . Too often, state policies aimed at the protection of indigenous peoples depend on the

in Latin America and international investment law

The book explores the relationship between violence against women on one hand, and the rights to health and reproductive health on the other. It argues that violation of the right to health is a consequence of violence, and that (state) health policies might be a cause of – or create the conditions for – violence against women. It significantly contributes to feminist and international human rights legal scholarship by conceptualising a new ground-breaking idea, violence against women’s health (VAWH), using the Hippocratic paradigm as the backbone of the analysis. The two dimensions of violence at the core of the book – the horizontal, ‘interpersonal’ dimension and the vertical ‘state policies’ dimension – are investigated through around 70 decisions of domestic, regional and international judicial or quasi-judicial bodies (the anamnesis). The concept of VAWH, drawn from the anamnesis, enriches the traditional concept of violence against women with a human rights-based approach to autonomy and a reflection on the pervasiveness of patterns of discrimination (diagnosis). VAWH as theorised in the book allows the reconceptualisation of states’ obligations in an innovative way, by identifying for both dimensions obligations of result, due diligence obligations, and obligations to progressively take steps (treatment). The book eventually asks whether it is not international law itself that is the ultimate cause of VAWH (prognosis).

Open Access (free)
‘Case history’ on violence against women, and against women’s rights to health and to reproductive health
Sara De Vido

in the direct acceptance of her request. The vertical, ‘state policies’ dimension Abortion Context and legal background The purpose of this section of the chapter is to reflect on cases concerning abortion in order to identify the elements of violence against women’s health 58 DE VIDO 9781526124975 PRINT.indd 58 24/03/2020 11:01 The anamnesis that pertain to the second, ‘vertical’ dimension of my analysis. The issue is extremely sensitive, because it entails considerations that go beyond law and touch upon ethics and morality.257 I have selected cases decided by

in Violence against women’s health in international law
Open Access (free)
The prognosis
Sara De Vido

provoked by health policies which strongly and arbitrarily interfere with women’s reproductive autonomy and reproduce patterns of discrimination.8 Not being aware of that connection means perpetuating discrimination against women, and the unequal power relations between women and men. The analysis also confirmed the approach that I adopted with regard to VAW: the absence of the element of intent in its definition. It was interesting to find ‘patterns of discrimination’ which I found in this book to encompass forms of ‘tolerance’ of violence by the state, statepolicies

in Violence against women’s health in international law
Open Access (free)
A conceptualisation of violence against women’s health (VAWH)
Sara De Vido

’s health constitutes a violation of women’s right to health and right to reproductive health. From the analysis in chapter 1, the notion of VAWH can encapsulate both a vertical and a horizontal dimension of violence, namely the interpersonal dimension between individuals and an institutional one, which is characterised by laws and policies in the field of health. VAW always violates a woman’s rights to health and to reproductive health. At the same time, state policies and laws in the field of health, such as the criminalisation of abortion (as showed in chapter 1

in Violence against women’s health in international law
Asif H. Qureshi

conditions are not aimed directly, on the whole, at affecting the general direction of state conduct, but constitute in fact an agreed manner of, and assistance in, the actual implementation of existing state policy. Thus the particular project financed by the World Bank is the implementation of a domestic developmental objective. The contrast highlighted is not so much between macro and micro

in The World Trade Organization
Fiona Beveridge

initiatives have played an important role in setting the agenda of developed states in relation to foreign investment. An important element is the inclusion of a national treatment obligation, which by its nature encourages scrutiny and monitoring of host state policies, by other states and by, in this case, a committee of an international organisation. It therefore constitutes a major departure from the

in The treatment and taxation of foreign investment under international law
Patrick Thornberry

denied racial discrimination.81 The Committee treated such claims with varying degrees of caution and scepticism.82 State policies concerning indigenous peoples were under scrutiny in the 1970s and Committee interest continues to grow. In recent years, the concern of the Committee with indigenous issues has become pervasive. Taking only the reports for 199683 and 199784 as examples, indigenous issues – counting as ‘indigenous’ those cases where the term, or ‘tribal’ is employed by the Committee – surface in the cases of Argentina,85 Bolivia,86 Brazil,87 Colombia,88

in Indigenous peoples and human rights