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Human Rights Impact Litigation in ISDS: A Proposal for Enabling Private Parties to Bring Human Rights Claims through Investor-State Dispute Settlement Mechanisms

Bradlow, Adam H.
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Yale Journal of International Law
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AdamHBradlowHumanRightsIm.pdf
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Abstract
Can private parties use Investor-State Dispute Settlement (ISDS) mechanisms to systematically advance human rights? For at least two decades now, we have known the inverse is possible: private companies can use ISDS mechanisms to stymie human rights. That is the lesson of Ethyl Corporation's 1997 claim challenging a Canadian import ban on the gasoline additive methylcyclopentadienyl manganese tricarbonyl (MMT).
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http://hdl.handle.net/20.500.13051/6728