International Law Conundrum

Luis Tomás Montilla Fernández
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Luis Tomás Montilla Fernández: University of Hamburg

Chapter Chapter 3 in Large-Scale Land Investments in Least Developed Countries, 2017, pp 81-204 from Springer

Abstract: Abstract The previous part describes how LSLIs, under certain circumstances, are not beneficial to local people. In this chapter we will go a step further to outline how LSLIs violate HRs. Our first goal is to map the different protection mechanisms in hard and soft law that IL, as a whole system, offers to protect and enforce the right to food and the right to property. The fact that the right to property is protected by HRL, and that IL contains protection clauses in IIL, leads us to compare the different systems and evaluate whether their scopes of protection differ. If yes, how do these differences impact LSLIs, and are legal subjects able to choose the better option of protection when seeking succour?

Date: 2017
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DOI: 10.1007/978-3-319-65280-1_3

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