The human side of protecting foreign investment.

Q2 Social Sciences

Transnational Legal Theory Pub Date : 2021-05-20 eCollection Date: 2021-01-01 DOI:10.1080/20414005.2021.1926141

Dorothea Endres

引用次数: 1

Abstract

This article looks at the human side of protecting foreign investment in the sense that it zooms onto the role stereotypes play in the development of the relation between human rights and investment law. I demonstrate that international human rights law not only protects from discrimination based on stereotypes but also creates and reiterates stereotypes. These stereotypes may entrench differences between communities but also bear potential for new convergences. I argue that we need to focus on the humans producing the transnational legal discourse and the process of normalisation of those humans in order to destabilise stereotypes that hinder possible convergences of human rights and investment community. In short, this paper explores in what way international law's stereotypes encourage convergence or divergence in transnational legal discourse on the intersection between human rights and investment law.

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保护外国投资的人性方面。

本文着眼于保护外国投资的人性方面，因为它放大了刻板印象在发展人权与投资法之间的关系中所起的作用。我证明，国际人权法不仅保护人们免受基于陈规定型观念的歧视，而且还制造和重申陈规定型观念。这些刻板印象可能会加深社区之间的差异，但也有可能产生新的趋同。我认为，我们需要把重点放在产生跨国法律话语的人以及使这些人正常化的过程上，以便打破阻碍人权和投资界可能趋同的陈规定型观念。简而言之，本文探讨了国际法的刻板印象以何种方式促进了关于人权与投资法交集的跨国法律话语的趋同或分歧。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

Transnational Legal Theory Social Sciences-Law

CiteScore

2.10

自引率

0.00%

发文量

期刊介绍： The objective of Transnational Legal Theory is to publish high-quality theoretical scholarship that addresses transnational dimensions of law and legal dimensions of transnational fields and activity. Central to Transnational Legal Theory''s mandate is publication of work that explores whether and how transnational contexts, forces and ideations affect debates within existing traditions or schools of legal thought. Similarly, the journal aspires to encourage scholars debating general theories about law to consider the relevance of transnational contexts and dimensions for their work. With respect to particular jurisprudence, the journal welcomes not only submissions that involve theoretical explorations of fields commonly constructed as transnational in nature (such as commercial law, maritime law, or cyberlaw) but also explorations of transnational aspects of fields less commonly understood in this way (for example, criminal law, family law, company law, tort law, evidence law, and so on). Submissions of work exploring process-oriented approaches to law as transnational (from transjurisdictional litigation to delocalized arbitration to multi-level governance) are also encouraged. Equally central to Transnational Legal Theory''s mandate is theoretical work that explores fresh (or revived) understandings of international law and comparative law ''beyond the state'' (and the interstate). The journal has a special interest in submissions that explore the interfaces, intersections, and mutual embeddedness of public international law, private international law, and comparative law, notably in terms of whether such inter-relationships are reshaping these sub-disciplines in directions that are, in important respects, transnational in nature.