Resistance And Change In The International Law On Foreign Investment
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Author | : M. Sornarajah |
Publisher | : Cambridge University Press |
Total Pages | : 473 |
Release | : 2015-04-16 |
Genre | : Business & Economics |
ISBN | : 1107096626 |
Explores the political context of the rapid changes in the international law on foreign investment made through investment arbitration.
Author | : M. Sornarajah |
Publisher | : Cambridge University Press |
Total Pages | : 555 |
Release | : 2010-05-06 |
Genre | : Law |
ISBN | : 0521763274 |
This book is a thought-provoking and authoritative text on this fast moving field of international law.
Author | : Kate Miles |
Publisher | : Cambridge University Press |
Total Pages | : 499 |
Release | : 2013-10-24 |
Genre | : Law |
ISBN | : 1107039398 |
An examination of the origins of international investment law and their continued resonance in the twenty-first century.
Author | : Antony Anghie |
Publisher | : BRILL |
Total Pages | : 200 |
Release | : 2021-07-26 |
Genre | : Law |
ISBN | : 9004479864 |
This collection of essays explores different dimensions of the relationship between the third world and international law. The topics covered include third world approaches to international law, non-state actors and developing countries, feminism and the third world, foreign investment, resistance and international law, and territorial disputes and native peoples. It is a further contribution to the work done by scholars intent on elaborating what might be termed Third World Approaches to International Law (TWAIL). This initiative seeks to continue and further develop the important work that has been done over many decades, particularly by scholars and jurists from the third world, to construct an international law which is sensitive to the needs of third world peoples. This body of scholarship has attempted to extend and expand the concerns and materials of international law. The essays in this volume are animated by these same motives at a time when unprecedented issues confront third world peoples, particularly since the contemporary international system appears to be disempowering third world peoples, intensifying inequality between the North and the South, and indeed, importantly, within the North and the South. TWAIL scholars attempt to look afresh at the history of colonial international law, engage previous trends in third world scholarship in international law, take cognizance of the dramatic changes which have characterized the body of international law in the last few decades from the perspective of third world peoples, record their resistance to unjust and oppressive international laws, and advance new approaches that address their needs and concerns. These are the broad themes and concerns which animate this collection of essays.
Author | : Peer Zumbansen |
Publisher | : Oxford University Press |
Total Pages | : 1246 |
Release | : 2021 |
Genre | : Law |
ISBN | : 0197547419 |
A comprehensive compendium for the field of transnational law by providing a treatment and presentation in an area that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, as well as practice today. With a considerable contribution from and engagement with social sciences, it features numerous reflections on the relationship between transnational law and legal practice.
Author | : Jonathan Bonnitcha |
Publisher | : Oxford University Press |
Total Pages | : 354 |
Release | : 2017 |
Genre | : Business & Economics |
ISBN | : 019871954X |
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.
Author | : United Nations Conference on Trade and Development |
Publisher | : |
Total Pages | : 0 |
Release | : 2012 |
Genre | : Discrimination |
ISBN | : 9789211128277 |
"In recent years, the concept of fair and equitable treatment has assumed prominence in investment relations between States. While the earliest proposals that made reference to this standard of treatment for investment are contained in various multilateral efforts in the period immediately following World War II, the bulk of the State practice incorporating the standard is to be found in bilateral investment treaties which have become a central feature in international investment relations. In essence, the fair and equitable standard provides a yardstick by which relations between foreign direct investors and Governments of capital-importing countries may be assessed. It also acts as a signal from capital-importing countries, for it indicates, at the very least, a State's willingness to accommodate foreign capital on terms that take into account the interests of the investor in fairness and equity."--Provided by publisher.
Author | : Marc Bungenberg |
Publisher | : Hart Pub Limited |
Total Pages | : 2000 |
Release | : 2014-11-30 |
Genre | : Law |
ISBN | : 9781849463638 |
International investment law is a subject of growing importance and complexity. Anyone interested in international investment law will appreciate the comprehensive, thoughtful and detailed exploration of this area which this distinguished group of German scholars have provided.
Author | : M. Sornarajah |
Publisher | : Cambridge University Press |
Total Pages | : 703 |
Release | : 2021-07-01 |
Genre | : Law |
ISBN | : 1108605192 |
The climate surrounding foreign investment law is one of controversy and change, and with implications for human rights and environmental protection, foreign investment law has gained widespread public attention and visibility. This fully updated edition of Sornarajah's classic text offers thought-provoking analysis of the law in historical, political and economic contexts, capturing leading trends and charting the possible course of future developments. It takes into account the newer types of treaties that establish a regulatory space for states and moves away from inflexible investment protection, exploring the newly created defences relating to environment, human rights, indigenous rights and other areas ending the fragmentation of the law. It looks at the current debates on legitimacy of the system and current efforts at reform. Suitable for postgraduate and undergraduate students, The International Law on Foreign Investment is essential reading for anyone specialising in the law of foreign investments.
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.