international investment law and the right to regulate a human rights perspective routledge research in international economic law

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International Investment Law And The Right To Regulate

Author : Lone Wandahl Mouyal
ISBN : 9781317408024
Genre : Business & Economics
File Size : 28. 72 MB
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The book considers the ways in which the international investment law regime intersects with the human rights regime, and the potential for clashes between the two legal orders. Within the human rights regime states may be obligated to regulate, including a duty to adopt regulation aiming at improving social standards and conditions of living for their population. Yet, states are increasingly confronted with the consequences of such regulation in investment disputes, where investors seek to challenge regulatory interferences for example in expropriation claims. Regulatory measures may for instance interfere with the investment by imposing conditions on investors or negatively affecting the value of the investment. As a consequence, investors increasingly seek to challenge regulatory measures in international investment arbitration on the basis of a bilateral investment treaty. This book sets out the nature and the scope of the right to regulate in current international investment law. The book examines bilateral investment treaties and ICSID arbitrations looking at the indicative parameters that are granted weight in practice in expropriation claims delimiting compensable from non-compensable regulation. The book places the potential clash between the right to regulate and international investment law within a theoretical framework which describes the stability-flexibility dilemma currently inherent within international law. Lone Wandahl Mouyal goes on to set out methods which could be employed by both BIT-negotiators and adjudicators of investment disputes, allowing states to exercise their right to regulate while at the same time providing investors with legal certainty. The book serves as a valuable tool, an added perspective, for academics as well as for practitioners dealing with aspects of international investment law.

International Investment Law And Policy In Africa

Author : Fola Adeleke
ISBN : 9781351998819
Genre : Law
File Size : 58. 46 MB
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This book studies the international investment law regime in Africa and provides a comprehensive analysis of the current treaty practices in Africa from global, regional and domestic perspectives. It develops a public interest regulation theory to highlight the role of investment regulation in sustainable development and the protection of human rights. In doing so, the book identifies seven factors that should be considered by arbitrators in resolving international investment disputes that affect the public interest. It considers how corporations can be held accountable through investment treaties in the absence of a global treaty on business and human rights while protecting the rights of investors and their investments. Furthermore, the book explores the current objectives and features of investor-state dispute settlement (ISDS) as well as the deficiencies and its intersection with the rule of law. It identifies alternatives for ISDS and the extent to which these alternatives address the objectives of attracting investment, depoliticise investment disputes, promote the rule of law and offer remedies to investors. These solutions are offered in relation to the protection of human rights, the promotion of sustainable development and the right of states to introduce domestic public interest regulation. Finally, the book takes a prospective stance and discusses future trends for dispute settlement and investment rulemaking in Africa.

Wto Trade Remedies In International Law

Author : Roberto Soprano
ISBN : 9781351747677
Genre : Law
File Size : 46. 86 MB
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World Trade Organisation (WTO) trade remedies (antidumping, anti-subsidy and safeguard agreements) are instruments used by WTO members to counter the economic injury caused by dumping, subsidies and the sudden and unforeseen increased imports. They are exceptions to the WTO principle of free trade and to the prohibition for States to react unilaterally to protect their own rights and interests, and as a result they have been accused by some as being the new tools of protectionism. This book analyses of the role and principles of WTO trade remedies in international law. In particular, it focuses on their aims, their structure, and their position within the WTO and more in general, the international legal system. The book considers trade remedies in light of fragmentation theories of international law and addresses the question how, and to what extent WTO law reflects and influences public international law.

International Challenges In Investment Arbitration

Author : Mesut Akbaba
ISBN : 9781351580120
Genre : Law
File Size : 79. 84 MB
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As the proverbial workhorse of international economic law, investment arbitration is heavily relied upon around the globe. It has to cope with the demands of increasingly complex proceedings. At the same time, investment arbitration has come under close public scrutiny in the midst of heated political debate. Both of these factors have led to the field of investment protection being subject to continuous changes. Therefore, it presents an abundance of challenges in its interpretation and application. While these challenges are often deeply rooted in the doctrinal foundations of international law, they similarly surface during live arbitral proceedings. International Challenges in Investment Arbitration serves not only as a collection of recently debated issues in investment law; it also deals with the underlying fundamental questions at the intersection of investment arbitration and international law. The book is the product of the 1st Bucerius Law Journal Conference on International Investment Law & Arbitration. It combines the current state of knowledge, new perspectives on the topic as well as practical issues and will be of interest to researchers, academics and practitioners in the fields of international investment law, international economic law, regulation and comparative law.

Public Policy In International Economic Law

Author : Diane Desierto
ISBN : 9780191026485
Genre : Law
File Size : 79. 38 MB
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States reject inequality when they choose to ratify the International Covenant on Economic, Social and Cultural Rights (ICESCR), but to date the ICESCR has not yet figured prominently in the policy calculus behind States' international economic decisions. This book responds to the modern challenge of operationalizing the ICESCR, particularly in the context of States' decisions within international trade, finance, and investment. Differentiating between public policy mechanisms and institutional functional mandates in the international trade, finance, and investment systems, this book shows legal and policy gateways for States to feasibly translate their fundamental duties to respect, protect, and fulfil economic, social and cultural rights into their trade, finance, and investment commitments, agreements, and contracts. It approaches the problem of harmonizing social protection objectives under the ICESCR with a State's international economic treaty obligations, from the designing and interpreting international treaty texts, up to the institutional monitoring and empirical analysis of ICESCR compliance. In examining public policy options, the book takes into account around five decades of States' implementation of social protection commitments under the ICESCR; its normative evolution through the UN Committee on Economic, Social and Cultural Rights, and the Committee's expanded fact-finding and adjudicative competences under the Optional Protocol to the ICESCR; as well as the critical, dialectical, and deliberative roles of diverse functional interpretive communities within international trade, finance, and investment law. Ultimately, the book shoes how States' ICESCR commitments operate as the normative foundation of their trade, finance, and investment decisions.

Oecd Employment Outlook 2008

Author : OECD
ISBN : 9264046321
Genre : Business & Economics
File Size : 72. 56 MB
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This edition of OECD's annual report on labour markets brings the reader not only detailed information on recent labour market developments, but also in-depth analysis of the effects of various policy measures and prospects through 2009. The ...

Handbuch Ethik Und Recht Der Forschung Am Menschen

Author : Christian Lenk
ISBN : 9783642350993
Genre : Law
File Size : 54. 38 MB
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Das vorliegende Handbuch liefert einen konzisen Überblick und eine verlässliche Orientierungshilfe bei ethischen und rechtlichen Entscheidungsprozessen in der Forschung am Menschen. Es dient dabei einerseits als eine Dokumentation des Status quo, andererseits aber auch als Diskussionsgrundlage für zukünftige Entwicklungen. An dem Handbuch haben Praktiker aus Forschung und medizinischer Behandlung, Ethiker und Philosophen, Medizinhistoriker, Rechtswissenschaftler, Pharmakologen, Strahlentherapeuten, Pädiater, Chirurgen und Psychiater mitgearbeitet, die für eine hohe Detailkenntnis und Praxisrelevanz der gesammelten Beiträge bürgen. Das Buch gibt Ethikkommissionsmitgliedern, Forschern und Antragstellern bei Ethikkommissionen einen Einblick in Kriterien und Entscheidungsmechanismen der Forschungsethik und macht Entscheidungen und Beurteilungen von Ethikkommissionen besser verständlich. Darüber hinaus liefert es einen Beitrag zu einer Harmonisierung der bestehenden Praxis.

Rhetorik Und Stilistik Rhetoric And Stylistics Halbband 1

Author : Ulla Fix
ISBN : 9783110211405
Genre : Language Arts & Disciplines
File Size : 76. 53 MB
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The series Handbooks of Linguistics and Communication Science is designed to illuminate a field which not only includes general linguistics and the study of linguistics as applied to specific languages, but also covers those more recent areas which have developed from the increasing body of research into the manifold forms of communicative action and interaction.

Energy Law And The Sustainable Company

Author : Patricia Park
ISBN : 9781317658481
Genre : Business & Economics
File Size : 89. 26 MB
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What kind of decision-making should multinationals engage in to create a sustainable company? There is substantial debate over why CEOs, senior management and Boards of Directors make the wrong decisions by not asking the right questions, with the result that not only is the company itself damaged, but all of the stakeholders find themselves at a detriment. Focusing on innovation, technology transfer and the use of intangible assets, Energy Law and the Sustainable Company features case studies from the oil and gas sector, to illustrate how to develop a sustainable business. Considering corporate social responsibility from the perspective of international and national law, the book demonstrates how companies can be both profitable and ethical using the influences of psychology to encourage senior decision makers to make the right decisions. It was revealed that reputation was the main principle influencing decision-making. The book also discusses how companies have reported on their sustainability strategy and considers how technology transfer and intangible assets may play a part in addressing global sustainability. This book should be invaluable reading to students and scholars of Sustainable Business, Business Law, Corporate Social Responsibility, Environmental and Energy Law as well as Environmental and Energy Management.

Oecd Leits Tze F R Multinationale Unternehmen

Author : OECD
ISBN : 9789264122352
Genre :
File Size : 82. 31 MB
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Die OECD-Leitsätze für multinationale Unternehmen sind das weltweit wichtigste staatlich geförderte Instrument für verantwortungsvolles unternehmerisches Handeln. Die Ausgabe 2011 enthält neue Empfehlungen zu den Menschenrechten und zur Verantwortung der Unternehmen für ihre Zulieferketten.

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