Globalization, Law, and Human Rights: Analysis of Investment Treaties

This report examines the multifaceted relationship between globalization and the law, with a particular emphasis on the inclusion of human rights provisions within International Investment Agreements (IIAs). It identifies various types of investments under IIAs and highlights Peru as an emerging hub for Foreign Direct Investment (FDI), attributing this to its favorable investment climate and simplified legal structures. The report also underscores the importance of Peru's constitutional provisions in safeguarding human rights, including non-discrimination, equal treatment, and labor rights. The conclusion emphasizes the necessity for IIAs to explicitly incorporate human rights laws to protect those affected by investments, alongside the rights afforded to investors. Desklib offers a wide range of similar solved assignments and study resources for students.

The Globalization and the Law

Table of Contents
• Introduction
• provisions of Human Rights in International Investment Agreements
• Types of investment under International Investment agreement
• Peru as an emerging hub for FDI
• Importance of the Constitutional provisions of Peru
• Conclusion
• References

Introduction
Globalization means, the growth of
reciprocality of all the countries around the
globe in terms of economy, culture and
people by performing transverse trade of
goods and services, technology and free flow
of information and investment opportunities
across the boundaries of different nations.

Provisions of Human Rights in International
Investment Agreements
Every country posses their local laws which are meant to be followed by each and
every individual and the business corporations. But when these business activities
are conducted globally then the corporate bodies are bound to follow the laws of
that foreign country in which they are performing their commercial operations.
This is because of the emerging trends in globalization. Along with the compliance
of certain business ethics, the universal human rights standards must be followed in
accordance with the trade activities.

Types of Investment under International
Investment Agreements
• Bilateral Investment Treaties
• Preferential Trade and Investment
Agreements

Peru as an emerging hub for FDI
Peru is a rapidly growing economic system in Latin America. It attracts high rate of
foreign investments among the developed countries of the world. It has increased its
pace in the past few years in terms of both public and private investments,
liberalization, modernization and growth aspects. The reason behind being a most
preferred nation in terms of FDI is that it provides favourable conditions and
investment friendly environment to the investment capitalists. It does not posses
complex legal structure in terms of any former authority approvals and it holds easy
licensing policies in terms of investments.

Importance of the Constitutional provisions
of Peru
Human rights provisions are given in the
Constitution of Peru which includes right of non-
discrimination, equal treatment, respect for
integrity, labour rights, health and safety rights,
etc.
The state conserves the value of protecting the
dignity of all the individuals. It includes various
articles which supports human rights.

Conclusion
The conclusion drawn from the above report is that the International Investment
Agreements must include express provisions related with human rights laws as the host
countries provides the adequate amount of rights to the investors in terms of non-
discrimination, healthy and safety environment to the investing companies, right to
security of their investing capitals, rights related to labours, etc. But there are no
specified rights given to those who got affected with these investors or their
investments.

References
• von Bogdandy A, 'Globalization And Europe: How To Square Democracy,
Globalization, And International Law' (2018) 15 European Journal of
International Law
• Iglesias Vázquez M, 'Globalización, Globalización Jurídica, Global Law Y
Derecho Internacional Privado = Globalization, Legal Globalization, Global
Law And Private International Law' (2017) 9 CUADERNOS DE DERECHO
TRANSNACIONAL
• Fishman D, 'Russian Law And Globalization' (2020) 4 Russian Law Journal
• 'Consequences Of Globalization Of Law' (2019) 6 Russian Journal of
Comparative Law
•

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