114th ASIL Annual Meeting: The Promise of International Law
On Thursday June 25th 2020, Toby Landau QC took part in a live session titled ‘Protecting Human Rights through International Adjudication’ at the 114th ASIL Annual Meeting which, for the first time, took place as a virtual event.
Toby was joined by Ursula Kriebaum, (University of Vienna, Department of International Law), Jennifer Permesly (Skadden Arps Slate Meagher & Flom LLP), Diana Tsutieva (Foley Hoag LLP), Penny Venetis (Rutgers Law School) and Bruno Simma (University of Michigan Law School.)
From the ASIL Programme:
As human rights considerations permeate into various areas of international law, the role of international adjudication in protecting human rights has also been growing. This area has both private and public dimensions. The International Court of Justice has been recently presented with a number of inter-State disputes related to human rights abuses, including a historic lawsuit brought by The Gambia on behalf of the States of the Organization of Islamic Cooperation, seeking to hold Myanmar accountable under international law for State sponsored genocide against the Rohingya. An investment arbitration tribunal in Urbaser v.Argentina for the first time accepted jurisdiction over the State’s counterclaim based on human rights, confirming that the “right to water” was a human right. This past year has also seen the publication of the Hague Rules on Business and Human Rights Arbitration, which are heralded as an important development for future adjudication of human rights disputes involving private parties. This panel will address the promise of international courts and tribunals in adjudication of human rights issues and suitability of international arbitration for resolving human rights disputes that arise in connection with transnational business.