Fiche du document
1 avril 2020
- handle: 10670/1.wixx5g
Ce document est lié à :
10.4067/S0718-34372020000100081
info:eu-repo/semantics/openAccess
Mots-clés
Court of Justice Investor-State Dispute Settlement Precautionary Principle Right to Health World Health OrganizationSujets proches
Medical care, Right to Right to health care Health care, Right to Health, Right to Right to medical careCiter ce document
Catalina Sofía Rizo Massu, « INTERNATIONAL INVESTMENT LAW AND THE RIGHT TO HEALTH », Revista Chilena de Derecho, ID : 10670/1.wixx5g
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Résumé
: This article reflects on the hurdles of the right to health within international investment dispute settlement. Its main purpose is to analyze the way in which both, the right to health and property rights should fit there. In doing so, relevant jurisprudence, normative and pragmatic arguments are provided. Some of the measures and strategies proposed so far to foster cohabitation between both branches of international law are challenged in an attempt to demonstrate that none of them will effectively contribute to better protect the right to health. Likewise, it offers less explored solutions, such as engaging the World Health Organization and the International Court of Justice, and a shift in the onus of proof through the application of the Precautionary Principle.