Contractualisation of Human Rights, and public participation- Challenges and prospects
Public Participation and Foreign Investment Law: From the Creation of Rights and Obligations to the Settlement of Disputes . / Kent, Avidan (Editor); De Brabandere, Eric (Editor); Gazzini, Tarcisio (Editor), Brill, 2020
27 Pages Posted: 16 Jun 2020
Date Written: February 12, 2020
The integration of human rights provisions into contracts also known as ‘contractualisation of human rights’ can potentially mitigate human rights risks to communities and individuals, and even help the realization of human rights during the operation of large scale investment projects. Whilst this practice presents enormous potential for the realization and respect of human rights, the private enforcement of such rights is potentially threatened due to the underlying theoretical mismatch between English contract law, and international human rights. We critically assess this theoretical clash in relation to the rights of third party beneficiaries (communities and individuals), translation of human rights into contractual obligations, and the remediation of such rights when breached. In this book chapter we demonstrate why (and how) contract law should adjust in order to secure the performance of the contractualised human rights in general, whilst placing emphasis on the right to public participation.
Keywords: Public Particpation, Contractualisation of Human Rights, Third Party Beneficiaries, Community Development Agreement, UNGP
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