CONTENTS
ACKNOWLEDGMENTS
INTRODUCTION
1. RISKS OF EXTRACTIVE ACTIVITIES ON HUMAN RIGHTS
1. Phase 1: Risks of extractivism on human rights in Latin America
2. Phase 2: Transnational corporations as non-state actors and new risks
A. Structure of transnational corporations
B. Non-state actors
C. Participation of non-state actors in international law
D. Lack of international subjectivity and imposition of obligations
E. The Chevron-Texaco v. Ecuador case
3. Conclusions
II. STRATEGY FOR LITIGATION WITHIN AND AGAINST LATIN AMERICAN HOST STATES
1. International Obligations of States
A. General Obligations
B. Obligations Regarding the Acts of Private Parties
C. Special Duties Regarding Extractive Investment Projects
2. Development of the Litigation Before the Inter-American System
A. Cases in Which the Only Violation Related to the Extractive Project Was the Granting of a Concession Without Prior Consultation
B. Cases with Additional Violations of the Concession Without Prior Consultation and Attributable to Transnational Corporations
C. Conclusion
3. Considerations on the Effectiveness of the Strategy
III. THE INPUT OF INVESTMENT ARBITRATION:
A POSSIBLE FORUM TO GUARANTEE RIGHTS?
1. Input: Foreign Investors with IHRL Obligations and Obligations to Remediate Environmental Damage
2. General Issues on Foreign Investment Arbitration
A. Concept of Arbitration
B. Consent to Arbitration
C. Concept of Protected Investment
D. Nature of Bilateral Investment Treaties
3. Is Investment Arbitration a Possible Forum to Enforce the Rights of Victims of Extractive Projects?
A. Possibility of Suing Foreign Investors
B. Limitations of Litigation and Reasons for Inconvenience
4. Conclusions
IV. THE INPUT OF INTERNATIONAL HUMAN RIGHTS LAW
1. Extraterritoriality
A. International Court of Justice
B. United Nations Conventional Committees
C. European Court of Human Rights
D. Inter-American Human Rights System
2. Treaties without Jurisdictional Clauses
3. Other Cases in Which International Law Requires Extraterritorial Exercise
A. International Law of the Sea
B. Fight Against Terrorism, Corruption, Human Trafficking, and Child Sexual Exploitation
4. Conclusions
5. Zero Draft of the Legally Binding Instrument
V. DIRECTING LITIGATION IN AND AGAINST STATES OF ORIGIN
1. Attribution of the International Wrongful Act to the State by Acts of Private Parties
2. International Obligations at Issue
A. Erga omnes Obligations of States
B. Special Duties Regarding Projects Investment in the Extractive Sector
C. Conclusions
3. Litigation Proposal
A. Development of the First Stage of Litigation
B. Obstacles of Extraterritoriality
C. Obstacles of the "Effective Control" Standard
D. Advantages of the Proposed Strategy
E. Disadvantages of the Proposed Strategy
Conclusions
GENERAL CONCLUSIONS
BIBLIOGRAPHY
