Globalization, Governance and Identity

Globalization, Governance and Identity
Author: Guy Lachapelle
Publisher: PUM
Total Pages: 302
Release: 2000
Genre: Business & Economics
ISBN: 2760617823

The International Political Science Association (IPSA) attempted to seek theoretical explanations for the established and emerging forms of political and economic partnerships. This is the result of these efforts, following a roundtable organized by IPSA in Quebec City in 1998.

The Political Economy of the Investment Treaty Regime

The Political Economy of the Investment Treaty Regime
Author: Jonathan Bonnitcha
Publisher: Oxford University Press
Total Pages: 340
Release: 2018-01-26
Genre: Business & Economics
ISBN: 0192529838

Investment treaties are some of the most controversial but least understood instruments of global economic governance. Public interest in international investment arbitration is growing and some developed and developing countries are beginning to revisit their investment treaty policies. The Political Economy of the Investment Treaty Regime synthesises and advances the growing literature on this subject by integrating legal, economic, and political perspectives. Based on an analysis of the substantive and procedural rights conferred by investment treaties, it asks four basic questions. What are the costs and benefits of investment treaties for investors, states, and other stakeholders? Why did developed and developing countries sign the treaties? Why should private arbitrators be allowed to review public regulations passed by states? And what is the relationship between the investment treaty regime and the broader regime complex that governs international investment? Through a concise, but comprehensive, analysis, this book fills in some of the many "blind spots" of academics from different disciplines, and is the first port of call for lawyers, investors, policy-makers, and stakeholders trying to make sense of these critical instruments governing investor-state relations.

The International Minimum Standard and Fair and Equitable Treatment

The International Minimum Standard and Fair and Equitable Treatment
Author: Martins Paparinskis
Publisher: OUP Oxford
Total Pages: 318
Release: 2013-01-31
Genre: Law
ISBN: 0191640239

Investment protection treaties generally provide for the obligation to treat investments fairly and equitably, even if the wording of the rule and its relationship with the customary international standard may differ. The open-textured nature of the rule, the ambiguous relationship between the vague treaty and equally vague customary rules, and States' interpretations of the content and relationship of both rules (not to mention the frequency of successful invocation by investors) make this issue one of the most controversial aspect of investment protection law. This monograph engages in a comprehensive analysis of the relationship between the international minimum standard and fair and equitable treatment. It provides an original argument about the historical development of the international standard, a normative rationale for reading it into the treaty rules of fair and equitable treatment, and a coherent methodology for establishing the content of this standard. The first part of this book untangles the history of both the international minimum standard and fair and equitable treatment. The second part addresses the normative framework within which the contemporary debate takes place. After an exhaustive review of all relevant sources, it is argued that the most persuasive reading of fair and equitable treatment is that it always makes a reference to customary law. The third part of the book builds on the historical analysis and the normative framework, explaining the content of the contemporary standard by careful comparative human rights analysis.