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International Investment Law And Globalization

International Investment Law and Globalization PDF

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Author: Jean-Michel Marcoux
Publisher: Routledge
ISBN: 0429946996
Size: 40.73 MB
Format: PDF, ePub
Category : Law
Languages : en
Pages : 260
View: 5497

Book Description: In a context of neoliberal globalization, have the processes of elaboration and implementation of foreign investors' responsibilities by intergovernmental organizations reached the realm of legality? Using an analytical framework and a methodology that combines international law with international relations, this book provides a twofold answer to this question. First, it demonstrates that the normative integration of foreign investors' responsibilities in international investment law is fragmented and consistent with the interests of the most powerful actors. Second, while using the interactional theory of international law to assess the normative character of several international instruments elaborated and implemented by intergovernmental organizations, it highlights the sense of obligation that each instrument generates. The analysis demonstrates that such a codification process is marked by relations of power and has resulted in several social norms, with relatively few legal norms.


Globalization And International Investment

Globalization and International Investment PDF

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Author: Fiona Beveridge
Publisher: Taylor & Francis
ISBN: 1351933051
Size: 10.24 MB
Format: PDF, ePub
Category :
Languages : en
Pages :
View: 7505

Book Description: This volume brings together a broad range of articles on international law and foreign investment which together provide a contemporary overview of the diverse range of issues and perspectives which continue to exercise policy-makers and scholars alike. Central to this collection is the tension between market-oriented reforms on the one hand, raising issues of market access and protection of investors, and corporate social responsibility discourses on the other, raising concerns about environmental protection and respect for human and labour rights. Regional perspectives on these issues reveal differing priorities and approaches.


Fair And Equitable Treatment In International Investment Law

 Fair and Equitable Treatment  in International Investment Law PDF

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Author: Roland Kläger
Publisher: Cambridge University Press
ISBN: 0521197716
Size: 65.30 MB
Format: PDF, ePub, Docs
Category : Law
Languages : en
Pages : 361
View: 713

Book Description: This book looks at fair and equitable treatment as a key standard of international investment law.


International Economic Law Globalization And Developing Countries

International Economic Law  Globalization and Developing Countries PDF

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Author: Julio Faundez
Publisher: Edward Elgar Publishing
ISBN: 1849806675
Size: 28.77 MB
Format: PDF, Docs
Category : Law
Languages : en
Pages : 512
View: 180

Book Description: This book is both breathtaking in its scope and impressive in its attention to legal and institutional detail in situating developing countries in the evolving body of international economic law. Essays in this volume canvas most important areas of international economic law, including international trade law, international financial regulation, the regulation of foreign direct investment and multinational corporations, foreign aid, the enforcement of human rights standards and core international labour standards on multinational corporations, international enforcement of anti-corruption conventions, international competition law, international intellectual property rights, and international environmental law. A pervasive theme, compellingly developed, in most of these papers is the asymmetric structure of international institutions that generate rules in these various areas, in which developing countries are mostly rule takers, rather than equal participants. The current global financial crisis may provide a welcome opportunity for re-evaluating these institutional asymmetries. In any such re-evaluation, this book will provide a veritable cornucopia of constructive new insights.


The Multilateralization Of International Investment Law

The Multilateralization of International Investment Law PDF

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Author: Stephan W. Schill
Publisher: Cambridge University Press
ISBN: 0521762367
Size: 15.26 MB
Format: PDF, Kindle
Category : Law
Languages : en
Pages : 451
View: 4434

Book Description: The book argues that international investment law is a structured body of law based on uniform principles of investment protection.


Handbook Of International Investment Law And Policy

Handbook of International Investment Law and Policy PDF

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Author: Julien Chaisse
Publisher: Springer
ISBN: 9789811336140
Size: 26.28 MB
Format: PDF, Docs
Category : Law
Languages : en
Pages :
View: 1568

Book Description: The Handbook of International Investment Law and Policy is a one-stop reference source. This Handbook covers the main conceptual questions in a logical, scholarly yet easy to comprehend manner. It is based on a truly global vision insisting particularly on Global South related issues and developments. In this respect, the Handbook of International Investment Law and Policy provides an excellent modern treatment of international investment law which is one of the fastest growing areas of international economic law. Professor Julien Chaisse, Professor Leïla Choukroune, and Professor Sufian Jusoh are the editors-in-chief of the Handbook of International Investment Law and Policy, a 1,500-page reference book, which is anticipated becoming one of the most influenced reference books in the international economic law areas. This Handbook is a highly comprehensive set of four volumes of original materials designed to cover all facets of international investment law and policy. The chapters, written by world-leading experts, explore key ideas and debates in relation to: international investment substantive law (Volume I), Investor-state dispute settlement (Volume II); interaction between international investment law and other fields of international law (Volume III); and, the new trends and challenges for international investment law (Volume IV). The Handbook will feature more than 80 contributions from leading experts (academics, lawyers, government officials), including Vivienne Bath, M. Sornarajah, Mélida Hodgson, Rahul Donde, Roberto Echandi, Andrew Mitchell, Ernst-Ulrich Petersmann, Christina L. Beharry, Krista Nadakavukaren Schefer, Leon Trakman, Prabhash Ranjan, Emmanuel Jacomy, Mariel Dimsey, Stavros Brekoulakis, Romesh Weeramantry, Nathalie Bernasconi-Osterwalder, David Collins, Damilola S. Olawuyi, Katia Fach Gomez, Jaemin Lee, Alejandro Carballo-Leyda, Patrick W. Pearsall, Mark Feldman, Surya Deva, Luke Nottage, Rafael Leal-Arcas, James Nedumpara, Rodrigo Polanco, etc. This Handbook will be an essential reference tool for students and scholars of international economic law. Policy makers and researchers alike will find the Handbook of International Investment Law and Policy useful for years to come.


Reconceptualizing International Investment Law From The Global South

Reconceptualizing International Investment Law from the Global South PDF

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Author: Fabio Morosini
Publisher: Cambridge University Press
ISBN: 1107190037
Size: 44.55 MB
Format: PDF
Category : Business & Economics
Languages : en
Pages : 326
View: 7067

Book Description: This book shows how the reform in investment regulation contributes to a broader attempt to transform the international economic order.


Public Health In International Investment Law And Arbitration

Public Health in International Investment Law and Arbitration PDF

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Author: Valentina Vadi
Publisher: Routledge
ISBN: 0415507499
Size: 11.32 MB
Format: PDF, Docs
Category : Business & Economics
Languages : en
Pages : 224
View: 7560

Book Description: Is a State free to adopt measures to protect the public health of its citizens? If so, what are the limits, if any, to such regulatory powers? This book addresses these questions by focusing on the clash between the regulatory autonomy of the state and international investment governance. As a wide variety of state regulations allegedly aimed at protecting public health may interfere with foreign investments, a tension exists between the public health policies of the host state and investment treaty provisions. Under most investment treaties, States have waived their sovereign immunity, and have agreed to give arbitrators a comprehensive jurisdiction over what are essentially regulatory disputes. Some scholars and practitioners have expressed concern regarding the magnitude of decision-making power allocated to investment treaty tribunals. This book contributes to the current understanding of international investment law and arbitration, addressing the fundamental question of whether public health has and/or should have any relevance in contemporary international investment law and policy. With a focus on the 'clash of cultures' between international investment law and public health, the author critically analyses the emerging case law of investment treaty arbitration and considers the theoretical interplay between public health and investor rights in international investment law. The book also explores the interplay between investment law and public health in practice, focusing on specific sectors such as pharmaceutical patents, tobacco regulation and environmental health. It then goes on to analyze the available means for promoting consideration of public health in international investment law and suggests new methods and approaches to better reconcile public health and investor rights.


International Investment Law And Soft Law

International Investment Law and Soft Law PDF

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Author: Andrea K. Bjorklund
Publisher: Edward Elgar Publishing
ISBN: 178100322X
Size: 50.80 MB
Format: PDF
Category : Law
Languages : en
Pages : 352
View: 5030

Book Description: This important book examines the development of soft law instruments in international investment law and the feasibility of a 'codification' of the present state of this field of international economic law. It draws together the views of international experts on the use of soft law in international law generally and in discrete fields such as WTO, commercial, and environmental law. The book assesses whether investment law has sufficiently coalesced over the last 50 years to be 'codified' and focuses particularly on topical issues such as most-favoured-nation treatment and expropriation. This timely book will appeal to academics interested in the development of international law and legal theory, to those working in investment law, Government investment treaty negotiators and arbitration practitioners.


International Investment Law And Eu Law

International Investment Law and EU Law PDF

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Author: Marc Bungenberg
Publisher: Springer Science & Business Media
ISBN: 9783642148552
Size: 53.83 MB
Format: PDF, ePub
Category : Law
Languages : en
Pages : 200
View: 943

Book Description: The entry into force of the Lisbon Treaty entails sweeping changes with respect to foreign investment regulation. Most prominently, the Treaty on the Functioning of the European Union (TFEU) now contains in its Article 207 an explicit competence for the regulation of foreign direct investment as part of the Common Commercial Policy (CCP) chapter. With this new competence, the EU will become an important actor in the field of international investment politics and law. The new empowerment in the field of international investment law prompts a multitude of questions. This volume analyzes in depth the new “post-Lisbon situation” in the area of investment policy, provokes further discussion and offers new approaches.