Non governmental organizations that work in the area of
international investment litigation have been bolstered in their defense of
public interest, thanks to the new Guide for Potential Amici in International Investment Arbitrations. This joint
publication by the Center for International Environmental Law (CIEL) and the
International Human Rights Program at the University Of Toronto Faculty Of Law
explains when and how NGOs can strategically intervene as a third party in
international investment arbitrations as an amicus curiae (friend of the
court).
The guide also provides background on why international
investment disputes arise, the ways in which human rights can be implicated,
and how amicus curiae can bolster human rights in investment disputes.
In
particular, this guide focuses on the potential of filing amicus
submissions at the International Centre for Settlement of Investment Disputes
(ICSID), which specializes in disputes between governments and companies.
Given the opacity of ICSID-arbitrated proceedings, there is
a clearly identified need for NGOs, acting as amici, to highlight human rights
concerns, and focus attention towards public interest issues.
The full report, with annexes is available here.
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