Sustainable Development in EU Foreign Investment Law

Sustainable Development in EU Foreign Investment Law
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.

Investment Law within International Law

Investment Law within International Law
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.

Sustainable Development in World Investment Law

Sustainable Development in World Investment Law
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.

Bridging the Gap Between International Investment Law and the Environment

Bridging the Gap Between International Investment Law and the Environment
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]

EU Foreign Investment Law

EU Foreign Investment Law
Author: Angelos Dimopoulos
Publisher: OUP Oxford
Total Pages: 416
Release: 2011-12-08
Genre: Law
ISBN: 019102967X

The regulation of foreign investment represents one of the most topical and controversial subjects in European Union law and international investment law. EU foreign investment law is emerging as a critically important issue, particularly since the introduction of EU competence over foreign direct investment after the Lisbon Treaty and the recent successful challenge of the compatibility of Member States Bilateral Investment Treaties with EU law. Within this framework, the book sets out to identify whether and to what extent the EU has become an international actor in the field of foreign investment. Exploring the existing legal framework on the scope and exercise of EU competence and its legal effects, it examines the foundations upon which EU investment policy is based and will be based in the future. The book addresses questions relating to the definition of foreign investment; the scope of EU competences; the exercise of EU powers; the substantive content of existing and future EU International Investment Agreements; and the objectives of EU investment policy and its EU law effects. From this grounding, the study widens to scrutinize the influence that the EU exerts on international law and regulation of foreign investment. Paying careful attention to the substantive content and orientation of EU International Investment Agreements, the book takes a comparative approach to the content of Bilateral Investment Treaties, as well as to the ramifications of EU foreign investment regulation for international law, especially with regard to the EU's international responsibility. Taking into account the recent developments in the field, this book provides the first comprehensive treatment of the legal, practical, and political concerns that the creation of an EU common investment policy creates.

Integrating Sustainable Development Into International Investment Agreements

Integrating Sustainable Development Into International Investment Agreements
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.

International Investment Law and Competition Law

International Investment Law and Competition Law
Author: Katia Fach Gómez
Publisher: Springer
Total Pages: 286
Release: 2020-03-17
Genre: Law
ISBN: 9783030339159

This EYIEL special issue examines the interaction between international investment law and competition law. Although issues related to both international investment law and competition law arise regularly in international legal practice and are examined together, scholarly analysis largely treats them as parallel universes. As a result their actual and potential overlap has yet to be sufficiently explored. In this light, International Investment Law and Competition Law discusses a variety of topics at the intersection of investment and competition, including the interaction between competition-related provisions and investment protection standards in free trade agreements; investors’ anti-competitive behaviour and illegal investments; state aid schemes and foreign investors’ legitimate expectations; EU member States’ compliance with investment awards as (illegal) state aid under EU law; State-owned enterprises and competitive neutrality; and interactions between public procurement, investment and competition law.

Shifting Paradigms in International Investment Law

Shifting Paradigms in International Investment Law
Author: Steffen Hindelang
Publisher: Oxford University Press
Total Pages: 497
Release: 2016-01-22
Genre: Law
ISBN: 0191058289

International investment law is in transition. Whereas the prevailing mindset has always been the protection of the economic interests of individual investors, new developments in international investment law have brought about a paradigm shift. There is now more than ever before an interest in a more inclusive, transparent, and public regime. Shifting Paradigms in International Investment Law addresses these changes against the background of the UNCTAD framework to reform investment treaties. The book analyses how the investment treaty regime has changed and how it ought to be changing to reconcile private property interests and the state's duty to regulate in the public interest. In doing so, the volume tracks attempts in international investment law to recalibrate itself towards a more balanced, less isolated, and increasingly diversified regime. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers.

Sustainable Development in the European Union

Sustainable Development in the European Union
Author:
Publisher:
Total Pages: 168
Release: 2016
Genre: Sustainable development
ISBN:

"This Eurostat publication, entitled "Sustainable development in the European Union - A statistical glance from the viewpoint of the UN Sustainable Development Goals", provides an overview of the current situation of the EU and its Member States on sustainable development in relation to the Sustainable Development Goals (SDGs). This publication follows a strictly descriptive approach, presenting a purely statistical picture based on facts and figures. It provides rather a snapshot of the starting position of the EU and its Member States and is not intended as a regular SDG monitoring exercise at EU level. The analysis in this publication is based on a limited number of indicators, which are relevant to the EU perspective and capture the broader objective and ambition of each SDG. Each goal is analysed through two to four indicators. In total, 51 indicators are presented in the report, mainly obtained from the European Statistical System and disseminated by Eurostat. The analysis of Member States' performance and international comparisons focus on the most recent year for each indicator. EU-28 trends over time are also presented, covering the period from 2000 or 2002 up to the most recent year for which data are available (2014 or 2015)."--Back cover.

Global Justice and Sustainable Development

Global Justice and Sustainable Development
Author: Duncan French
Publisher: Martinus Nijhoff Publishers
Total Pages: 426
Release: 2010-09-24
Genre: Law
ISBN: 9004182667

In recognising the significant role law, especially international law, can play in supporting the objectives of global justice and sustainable development, this edited collection provides a wide-ranging analysis of some of the most fundamental challenges facing global society.