Integrating Sustainable Development Into International Investment Agreements
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| Author | : Manjiao Chi |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2019-03-05 |
| Genre | : Business & Economics |
| ISBN | : 9780367263072 |
The current international investment law system is insufficiently compatible with sustainable development. To better address sustainable development concerns associated with transnational investment activities, international investment agreements should be made more compatible with sustainable development. Integrating Sustainable Development in International Investment Law presents an important systematic study of the issue of sustainable development in the international investment law system, using conceptual, normative and governance perspectives to explore the challenges and possible solutions for making international investment law more compatible with sustainable development. Chi suggests that to effectively address the sustainable development concerns associated with transnational investment activities, the international investment agreements system should be reformed. Such reform should feature redesigning the provisions of the agreements, improving the structure of international investment agreements, strengthening the function of soft law, engaging non-state actors and enhancing the dispute settlement mechanism. The book is primarily aimed at national and international treaty and policy-makers, lawyers and scholars. It is also suitable for graduate students studying international law and policy-making.
| Author | : John Anthony VanDuzer |
| Publisher | : Commonwealth Secretariat |
| Total Pages | : 605 |
| Release | : 2013 |
| Genre | : Business & Economics |
| ISBN | : 1849290865 |
This Guide is designed to assist developing countries to negotiate International Investment Agreements (IIAs) that are more effective in promoting their sustainable development. A useful reference tool for developing country negotiators and interested parties.
| Author | : Stefanie Schacherer |
| Publisher | : BRILL |
| Total Pages | : 473 |
| Release | : 2021-08-24 |
| Genre | : Law |
| ISBN | : 900446588X |
Sustainable Development in EU Foreign Investment Law offers a clear and convincing assessment of how the EU contributes to the ongoing debate on sustainable development integration in international investment agreements.
| Author | : Marie-Claire Cordonier Segger |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 978 |
| Release | : 2011-01-01 |
| Genre | : Law |
| ISBN | : 9041131663 |
Sustainable development, as defined by the World Commission on Environment and Development, is "development that meets the needs of the present without compromising the ability of future generations to meet their own needs." More specifically, sustainable development is a process of change that seeks to improve the collective quality of life by focusing on economically, socially, and environmentally sound projects that are viable in the long-term. Sustainable development requires structural economic change and the foundation of that change is investment. In developing nations with low levels of domestic savings, investment predictably comes from abroad in the form of foreign direct investment. A large and ever expanding number of international investment agreements are in place to govern these transactions. While these accords seek to foster development while mitigating the risk involved in these types investments, many questions remain unresolved. This highly insightful book reflects the contributions of a variety of world renowned experts each of which is designed to provide the reader with valuable perspective on recent developments in investment law negotiations and jurisprudence from a sustainable development law perspective. It offers answers to pertinent questions concerning advancements in investment law, including the negotiation of numerous regional and bilateral agreements as well as the increasing number of disputes resolved in the World Bank's International Centre for the Settlement of Investment Disputes (ICSID), from different developed and developing country perspectives. It lays out future directions for new treaty negotiations and dispute settlement proceedings, as well as ongoing investment promotion efforts, against a background of rapidly evolving international relationships between economic, environment and development law. It focuses on key issues in investment laws which have emerged as priorities in the negotiation of bilateral and regional investment agreements, and have been clarified through recent decisions of the ICSID and other arbitral panel awards.
| Author | : Cosimo Beverelli |
| Publisher | : Cambridge University Press |
| Total Pages | : 345 |
| Release | : 2020-10 |
| Genre | : Business & Economics |
| ISBN | : 1108840884 |
A multi-disciplinary investigation of how economic globalization can help achieve the UN's 2030 Agenda, exploring trade-offs among the Goals.
| Author | : Freya Baetens |
| Publisher | : Cambridge University Press |
| Total Pages | : 569 |
| Release | : 2013-08-01 |
| Genre | : Law |
| ISBN | : 1107434912 |
Developments within various sub-fields of international law influence international investment law, but changes in investment law also have an impact on the evolution of other fields within international law. Through contributions from leading scholars and practitioners, this book analyses specific links between investment law and other sub-fields of international law such as the law on armed conflict, human rights, sustainable development, trade, development and EU law. In particular, this book scrutinises how concepts, principles and rules developed in the context of such sub-fields could inform the content of investment law. Solutions aimed at resolving problems in other settings may provide instructive examples for addressing current problems in the field of investment law, and vice versa. The underlying question is whether key sub-fields of public international law, notably international investment law, are open to cross-fertilisation, or, whether they are evolving further into self-contained regimes.
| Author | : Jola Gjuzi |
| Publisher | : Springer |
| Total Pages | : 585 |
| Release | : 2018-12-05 |
| Genre | : Law |
| ISBN | : 3319972324 |
This book analyzes the tension between the host state’s commitment to provide regulatory stability for foreign investors – which is a tool for attracting FDI and generating economic growth – and its evolving non-economic commitments towards its citizens with regard to environmental protection and social welfare. The main thesis is that the ‘stabilization clause/regulatory power antinomy,’ as it appears in many cases, contradicts the content and rationale of sustainable development, a concept that is increasingly prevalent in national and international law and which aims at the integration and balancing of economic, environmental, and social development. To reconcile this antinomy at the decision-making and dispute settlement levels, the book employs a ‘constructive sustainable development approach,’ which is based on the integration and reconciliation imperatives of the concept of sustainable development as well as on the application of principles of law such as non-discrimination, public purpose, due process, proportionality, and more generally, good governance and rule of law. It subsequently re-conceptualizes stabilization clauses in terms of their design (ex-ante) and interpretation (ex-post), yielding stability to the benefit of foreign investors, while also mitigating their negative effects on the host state’s power to regulate.
| Author | : Marie-Claire Cordonier Segger |
| Publisher | : Oxford University Press |
| Total Pages | : 481 |
| Release | : 2021 |
| Genre | : Law |
| ISBN | : 019883134X |
International economic law guides and shapes globalization and the future of the world economy, our human societies, and the Earth. The rules which facilitate trade and investment could defend the interests of Hermes, Greek god of commerce and thieves, or learn to draw inspiration from Athena, goddess of justice, wisdom, and crafts. This volume explores how trade and investment agreements could promote more sustainable development, rather than increasing the negative social and environmental impacts of economic growth. States and other actors are attempting to integrate social and environmental considerations into trade and investment policies, towards more sustainable development. Analysing their efforts, this volume offers insights into the ways that commitments to sustainability are being operationalized in the texts of economic treaties themselves. Written by a renowned expert jurist and professor of law, this book examines the measures being debated in the WTO and adopted by States in a selection of innovative and flexible regional and bilateral trade and investment accords. With legal examples spanning decades of experimentation and experience, the book illuminates how States and stakeholders are seeking innovative ways to integrate environmental and social considerations into trade and investment agreements. Introducing a ground-breaking systematic approach, the volume considers how, through this integration, international trade and investment law can contribute to the achievement of the world's Sustainable Development Goals.
| Author | : Jose E. Alvarez |
| Publisher | : Oxford University Press |
| Total Pages | : 307 |
| Release | : 2011-04-19 |
| Genre | : Law |
| ISBN | : 0199878161 |
With the growth of the global economy over the past two decades, foreign direct investment (FDI) laws, at both the national and international levels, have undergone rapid development in order to strengthen the protection standards for foreign investors. In terms of international investment law, a network of international investment agreements has arisen as a way to address FDI growth. FDI backlash, reflective of more restrictive regulation, has also emerged. The Evolving International Investment Regime analyzes the existing challenges to the international investment regime, and addresses these challenges going forward. It also examines the dynamics of the international regime, as well as a broader view of the changing global economic reality both in the United States and in other countries. The content for the book is a compendium of articles by leading thinkers, originating from the International Investment Conference "What's New in International Investment Law and Policy?"
| Author | : Yulia Levashova |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2016 |
| Genre | : LAW |
| ISBN | : 9789462365872 |
This book addresses the topical question on how national and international environmental concerns could be adequately integrated into international investment law. It covers the question whether international investment law restricts state sovereignty in an unacceptable way - in particular, the freedom of host states to develop national policies and regulation for the improvement of the environment. The book first analyzes the interaction between international investment law and the protection of the environment, on the basis of concepts such as sustainable development, fair and equitable treatment, and international responsibility. Secondly, several chapters discuss challenges which are encountered in attempts to integrate environmental concerns in investment policies in specific sectors and regions (e.g. climate change, water pollution, renewable and nuclear energy, and the European Union region). And, finally, specific case studies illustrate the legal and policy tensions between investment law and environmental protection, namely Vattenfall's disputes with Germany, legal clashes between Chevron and Ecuador, and multinational mining companies' conflicts in Indonesia. The contributions are written by international experts and will be of interest to policy makers and practitioners. *** Librarians: ebook available (Series: Legal Perspectives for Global Challenges - Vol. 4) [Subject: International Law, Investment Law, Environmental Law]
