Kellogg Institute Faculty Fellow Diane Desierto, associate professor of human rights and global affairs at the Keough School, has published an article in the Spring 2018 volume of the Georgetown Journal of International Law. The piece, entitled "Shifting Sands in the International Economic System: 'Arbitrage' in International Economic Law and International Human Rights," argues for thinking deeply about how the norms of international human rights law must be embedded in economic systems, especially as new forms of dispute resolution are increasingly relied upon.
As Desierto says, "...beyond the escalating influence of international human rights in rewriting the terms of international economic law, international human rights – especially states’ duties in economic, social, and cultural rights – exist as a foundational normative imperative for states, which can help address the underlying arbitrage problem in a more anticipatory (and not merely reactive) way.... States will thus have to embed international human rights assessments in every step and phase of the design of international economic law reforms to confront and mitigate the underlying arbitrage problem in the ongoing reform of international economic law."
Desierto is also a faculty fellow with the Klau Center for Civil and Human Rights at the University of Notre Dame.
Originally published at klau.nd.edu.