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The Room for Human Rights in International Economic Dispute Settlement

  • Mariona Cardona Vallès

摘要

The final analytical chapter explores the integration of human rights into WTO and Investment Law disputes. The objective is to ascertain how adjudicators should assess mineral-related measures that are taken for the protection of human rights, considering the necessity of human rights compliance in mineral exploitation. It examines both the theoretical and practical aspects of how dispute resolution bodies address conflicts between Human Rights Law and International Economic Law. The chapter critically evaluates the use of principles like lex superior, lex posterior, and lex specialis in these contexts, highlighting their limitations and the absence of a clear hierarchy among them in international law. It also emphasizes the challenges States face when defending human rights-oriented actions against potential WTO and Investment Law violations, advocating for a more unified approach in international law that prioritizes human rights amidst economic development in the mineral sector.