foreign investment international law and common concerns

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Foreign Investment International Law And Common Concerns

Author : Tullio Treves
ISBN : 9781135071899
Genre : Law
File Size : 88. 15 MB
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Increasingly, transnational corporations, developed countries and private actors are broadening the boundaries of their investments into new territories, in search of a higher return on capital. This growth in direct foreign investment involves serious concerns for both the investor and host state. Various exponents of international civil society and non-governmental organisations persuasively claim that such growth in foreign investments constitutes potential and serious hazards both to the environment and the fundamental rights and freedoms of local populations. This book explores from an international law perspective the complex relationship between foreign investments and common concerns, i.e. values that do not coincide, or do not necessarily coincide, with the interests of the investor and of the host state. It pays particular attention to the role of the main international development banks in reconciling the needs of foreign investors with the protection of common concerns, such as the environment, human rights and labour rights. Among its collection of essays, the volume asks how much "regulatory space" investment law leaves; whether international investment law is an effective means of balancing contrasting interests, and whether investment arbitration currently constitutes a mechanism of global governance. In collecting the outlooks of various experts in human rights, environmental and international economic law, this book breaks new ground in exploring how attention to its legal aspects may help in navigating the relationship between foreign investment and common concerns. In doing so, the book provides valuable insights into the substantive issues and institutional aspects of international investment law.

General Exception Clauses In International Investment Law

Author : Levent Sabanogullari
ISBN : 9783845291932
Genre : Law
File Size : 77. 40 MB
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Das Buch ist die erste umfassende Untersuchung allgemeiner Ausnahmetatbestände im internationalen Investitionsrecht. Die Aufnahme dieser Klauseln in Investitionsschutzabkommen ist eine Reaktion auf die Legitimitätskrise des internationalen Investitionsrechts. Sie verfolgen das Ziel, einen Ausgleich zwischen dem Investitionsschutz und nicht-wirtschaftlichen Rechtsgütern, wie dem Schutz der öffentlichen Gesundheit, zu ermöglichen. Auf Basis einer empirischen Studie zur Verbreitung dieser Ausnahmetatbestände in der aktuellen Vertragspraxis wird zunächst ihre Herkunft aus dem Welthandelsrecht näher beleuchtet und dargelegt, weshalb sie erst relativ spät ihren Eingang in das Investitionsrecht gefunden haben. Nach einer Darstellung ihrer Vor- und Nachteile werden Hinweise zur Interpretation allgemeiner Ausnahmetatbestände gegeben. Schließlich wird ihr Zusammenspiel mit anderen Schutzstandards, wie dem Enteignungsverbot und dem Gebot der fairen und gerechten Behandlung, analysiert.

Services Of General Interest Beyond The Single Market

Author : Markus Krajewski
ISBN : 9789462650633
Genre : Law
File Size : 34. 16 MB
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This is the first book ever to assess comprehensively the impact of EU international agreements on services of general interest. Services of general interest remain high on the political and legal agenda of the European Union. However, the debates about the impact of EU law on services of general interest usually focus on internal market law such as the free movement of services, competition law, state aid rules and the law of public procurement. The external and international dimensions of the European legal framework for services of general interest are often overlooked. This book addresses the impact of international trade and investment agreements on public services and the role these services play in EU external relations. It shows that the inherent tension between establishing and securing undistorted competition on markets and the logic of public services exists in international economic law in a similar way as in EU internal law. Given the contentiousness of international trade and investment agreements as well as the EU’s external policies, the issues discussed in this volume are timely and relevant and contribute to the ongoing debate about the future of services of general interest in the EU with fresh ideas and perspectives. Markus Krajewski is Professor of Public and International Law at the University of Erlangen-Nuremberg, Germany.

Agricultural Law

Author : Mariagrazia Alabrese
ISBN : 9783319647562
Genre : Law
File Size : 89. 35 MB
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This book focuses on the social and environmental issues being addressed by agricultural law within the current globalised system. What is agricultural law? Agricultural regulations concern and affect essential human needs and values that must be dealt with by pursuing a comprehensive and coordinated global approach. By tracking the developments in this context, this book explores the new challenges that agricultural law needs to address in order to frame emerging dilemmas. International governance of natural resources and their role in addressing food insecurity is the object of the first Part of the volume, which deals with sustainable agriculture and agro-ecosystem services in connection with the food security issue. The second Part focuses on the regulation of food as the main product of agricultural activity, and explores the answers that the law can provide in order to accommodate consumers’ interests and concerns (inter alia, novel foods, animal welfare, direct sales and e-commerce). The third Part examines the social, environmental and legal consequences of a renewed interest in agricultural investments. Further, it analyses the evolution and the interplay between different legal systems with regard to land tenure, environmental concerns and investments in agriculture.

Eu Foreign Investment Law

Author : Angelos Dimopoulos
ISBN : 9780199698608
Genre : Business & Economics
File Size : 70. 84 MB
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Regulation of foreign investment is one of the most topical and controversial subjects in EU law and international investment law. This book examines the legal foundations upon which EU investment policy is based, addressing the legal, practical, and political concerns created by the establishment of a common investment policy.

Foreign Investment International Law And National Development

Author : Jean G. Zorn
ISBN : UCAL:B4360835
Genre : Law
File Size : 81. 52 MB
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Legal Aspects Of Foreign Investment In The European Economic Community

Author : Wahé Hagop Balekjian
Genre : Foreign exchange
File Size : 35. 57 MB
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Handbook Of International Law

Author : Anthony Aust
ISBN : 1139447467
Genre : Law
File Size : 87. 26 MB
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A concise account of international law by an experienced practitioner, this book explains how states and international organisations, especially the United Nations, make and use international law. The nature of international law and its fundamental concepts and principles are described. The difference and relationship between various areas of international law which are often misunderstood (such as diplomatic and state immunity, and human rights and international humanitarian law) are clearly explained. The essence of new specialist areas of international law, relating to the environment, human rights and terrorism are discussed. Aust's clear and accessible style makes the subject understandable to non-international lawyers, non-lawyers and students. Abundant references are provided to sources and other materials, including authoritative and useful websites.

Foreign Investments And International Law

Author : Georg Schwarzenberger
ISBN : STANFORD:36105044416837
Genre : Investments, British
File Size : 22. 44 MB
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Public Policy In International Economic Law

Author : Diane Desierto
ISBN : 9780191026485
Genre : Law
File Size : 72. 73 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.

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