María José Luque Macías

María José Luque Macías
Universität Trier · Department of Law Studies

Dr. jur. (FAU Erlangen-Nürnberg); LL.M (University of Potsdam); Abogada de los Tribunales y Cortes de la Republica del Ecuador (UCSG)
Research on the interaction between environmental procedural soft-law standards and corporate HRDD

About

14
Publications
427
Reads
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19
Citations
Introduction
Current research interests: - The business and human rights (+ the environment) debate - Human rights and the environment in a comparative regional perspective

Publications

Publications (14)
Book
This book offers insights into how international investment law (IIL) has frustrated states’ protection of human rights in Latin America, and IIL has generally abstained from dealing with inter-regime frictions. In these circumstances, this study not only argues that IIL should be an object of contention and debate (‘politicisation’). It also conte...
Chapter
The re-politicisation of IIL requires states’ redefinition of how arbitral tribunals should understand their duty to regulate foreign investment activities by means of IIAs. In addition, this process also demands that international tribunals recognize the potential for inter-regime tensions and thus engage expeditiously in their review. Inspired by...
Chapter
This chapter claims that investment treaty-based cases brought against Latin American countries may initially portray to what extent a re-politicisation of IIL consistent with the duty to regulate paradigm is on the rise and which reforms are required to strengthen tribunals’ recognition of this duty in ISDS. Following a case study approach, this c...
Chapter
This chapter argues that international human rights law provides sufficient normative elements to develop the ‘duty to regulate’ paradigm so as to foster the re-politicisation of IIL regime consistent with the need to prevent foreign investors’ abuses of human rights through states’ regulation. To discuss this hypothesis, the chapter favours an ana...
Chapter
This chapter contends that the long-standing critical stand of Latin American countries towards international legal instruments protecting foreign investment activities can be characterised as a politicisation process and that this contestation has been traditionally articulated in terms of sovereign rights. To discuss this hypothesis, this chapter...
Conference Paper
https://www.afronomicslaw.org/2020/03/04/using-the-duty-to-regulate-paradigm-as-a-normative-instrument-to-foster-inter-disciplinarity-in-international-investment-law-and-human-rights-debate/
Article
Reinforcing inter-State dispute settlement gradually constitutes an attractive alternative in Latin America to overcome the lack of predictability in the interpretation and application of international investment agreements (IIA). Procedural transparency should certainly be part of this development. An initial question is whether, and if so to whic...
Chapter
The potential negative effects of investment treaties and investment treaty arbitration on public policy issues have thus produced that many states implemented reforms within International Investment Agreements (IIAs) towards rebalancing investment protection and the right of the host state to regulate. However, this practice has not been broadly w...

Questions

Questions (2)
Question
I am trying to support a HHRR critique of international law by referring to the democratic deficit of international law. Wondering if it is possible, unenable to find the correct link, despite its obviousness. :L
Question
I am more interested in whether, and if so, how and to which extent, the concept of 'social justice' contribute to the idea of 'human rights'

Projects

Project (1)
Project
The project analyses the implications of this new doctrinal development for climate change/environmental harm-related claims before the Inter-American Human Rights System