Integrating Sustainable Development In International Investment Law

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Integrating Sustainable Development in International Investment Law

Manjiao Chi
Integrating Sustainable Development in International Investment Law Book PDF

Author : Manjiao Chi
Publisher : Routledge
Page : 191 pages
File Size : 45,7 Mb
Release : 2017-10-10
Category : Business & Economics
ISBN : 9781317284222

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Integrating Sustainable Development in International Investment Law by Manjiao Chi Pdf

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.

Integrating Sustainable Development in International Investment Law

Manjiao Chi
Integrating Sustainable Development in International Investment Law Book PDF

Author : Manjiao Chi
Publisher : Unknown
Page : 209 pages
File Size : 48,7 Mb
Release : 2017
Category : Investments, Foreign (International law)
ISBN : 1138187895

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Integrating Sustainable Development in International Investment Law by Manjiao Chi Pdf

"'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."--Preliminary page.

Sustainable Development in EU Foreign Investment Law

Stefanie Schacherer
Sustainable Development in EU Foreign Investment Law Book PDF

Author : Stefanie Schacherer
Publisher : BRILL
Page : 473 pages
File Size : 44,6 Mb
Release : 2021-08-24
Category : Law
ISBN : 9789004465886

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Sustainable Development in EU Foreign Investment Law by Stefanie Schacherer Pdf

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.

Sustainable Development in World Investment Law

Marie-Claire Cordonier Segger,Markus W. Gehring,Andrew Paul Newcombe
Sustainable Development in World Investment Law Book PDF

Author : Marie-Claire Cordonier Segger,Markus W. Gehring,Andrew Paul Newcombe
Publisher : Kluwer Law International B.V.
Page : 978 pages
File Size : 43,7 Mb
Release : 2011-01-01
Category : Law
ISBN : 9789041131669

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Sustainable Development in World Investment Law by Marie-Claire Cordonier Segger,Markus W. Gehring,Andrew Paul Newcombe Pdf

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.

Integrating Sustainable Development Into International Investment Agreements

John Anthony VanDuzer,J. Anthony VanDuzer,Penelope Simons,Graham Mayeda
Integrating Sustainable Development Into International Investment Agreements Book PDF

Author : John Anthony VanDuzer,J. Anthony VanDuzer,Penelope Simons,Graham Mayeda
Publisher : Commonwealth Secretariat
Page : 605 pages
File Size : 54,9 Mb
Release : 2013
Category : Business & Economics
ISBN : 9781849290869

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Integrating Sustainable Development Into International Investment Agreements by John Anthony VanDuzer,J. Anthony VanDuzer,Penelope Simons,Graham Mayeda Pdf

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.

Stabilization Clauses in International Investment Law

Jola Gjuzi
Stabilization Clauses in International Investment Law Book PDF

Author : Jola Gjuzi
Publisher : Springer
Page : 545 pages
File Size : 51,8 Mb
Release : 2018-12-05
Category : Law
ISBN : 9783319972329

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Stabilization Clauses in International Investment Law by Jola Gjuzi Pdf

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.

International Trade, Investment, and the Sustainable Development Goals

Cosimo Beverelli,Jürgen Kurtz,Damian Raess
International Trade Investment and the Sustainable Development Goals Book PDF

Author : Cosimo Beverelli,Jürgen Kurtz,Damian Raess
Publisher : Cambridge University Press
Page : 345 pages
File Size : 45,9 Mb
Release : 2020-10
Category : Business & Economics
ISBN : 9781108840880

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International Trade, Investment, and the Sustainable Development Goals by Cosimo Beverelli,Jürgen Kurtz,Damian Raess Pdf

A multi-disciplinary investigation of how economic globalization can help achieve the UN's 2030 Agenda, exploring trade-offs among the Goals.

Bridging the Gap Between International Investment Law and the Environment

Yulia Levashova,Tineke Elisabeth Lambooy,I. F. Dekker
Bridging the Gap Between International Investment Law and the Environment Book PDF

Author : Yulia Levashova,Tineke Elisabeth Lambooy,I. F. Dekker
Publisher : Unknown
Page : 0 pages
File Size : 48,9 Mb
Release : 2016
Category : LAW
ISBN : 9462365873

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Bridging the Gap Between International Investment Law and the Environment by Yulia Levashova,Tineke Elisabeth Lambooy,I. F. Dekker Pdf

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]

Sustainable Development in International Law Making and Trade

Elisabeth Bürgi Bonanomi
Sustainable Development in International Law Making and Trade Book PDF

Author : Elisabeth Bürgi Bonanomi
Publisher : Edward Elgar Publishing
Page : 464 pages
File Size : 49,7 Mb
Release : 2015-09-25
Category : Business & Economics
ISBN : 9781784717278

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Sustainable Development in International Law Making and Trade by Elisabeth Bürgi Bonanomi Pdf

This timely book provides an accessible insight into how the concept of sustainable development can be made operational through its translation into legal terms. Understood as a multidimensional legal principle, sustainable development facilitates coherent international law making. Using this notion as an analytical lens on the WTO Agreement on Agriculture, the book considers the unresolved question of what a sustainable and coherent agricultural trade agreement could look like.

Integrating Sustainable Development Into International Investment Agreements

John Anthony VanDuzer,Penelope Simons,Graham Mayeda
Integrating Sustainable Development Into International Investment Agreements Book PDF

Author : John Anthony VanDuzer,Penelope Simons,Graham Mayeda
Publisher : Unknown
Page : 572 pages
File Size : 43,9 Mb
Release : 2013-05-30
Category : Investments, Foreign
ISBN : 1849291241

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Integrating Sustainable Development Into International Investment Agreements by John Anthony VanDuzer,Penelope Simons,Graham Mayeda Pdf

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.

Investment Law within International Law

Freya Baetens
Investment Law within International Law Book PDF

Author : Freya Baetens
Publisher : Cambridge University Press
Page : 569 pages
File Size : 40,7 Mb
Release : 2013-08-01
Category : Law
ISBN : 9781107434912

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Investment Law within International Law by Freya Baetens Pdf

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.

Crafting Trade and Investment Accords for Sustainable Development

Marie-Claire Cordonier Segger
Crafting Trade and Investment Accords for Sustainable Development Book PDF

Author : Marie-Claire Cordonier Segger
Publisher : Oxford University Press
Page : 481 pages
File Size : 54,9 Mb
Release : 2021
Category : Law
ISBN : 9780198831341

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Crafting Trade and Investment Accords for Sustainable Development by Marie-Claire Cordonier Segger Pdf

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.

International Investment Law and Development

Stephan W. Schill,Christian J. Tams,Rainer Hofmann
International Investment Law and Development Book PDF

Author : Stephan W. Schill,Christian J. Tams,Rainer Hofmann
Publisher : Edward Elgar Publishing
Page : 488 pages
File Size : 50,8 Mb
Release : 2015-12-18
Category : LAW
ISBN : 9781784711351

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International Investment Law and Development by Stephan W. Schill,Christian J. Tams,Rainer Hofmann Pdf

International investment law has often been seen as an obstacle to sustainable development. While the connections between investment and development are plain, for a long time there has been relatively little scholarship exploring them. Combining critical reflection and detailed analysis, this book addresses the relationship between contemporary investment law and development. The book is organized around two competing visions of investment and development - as working either harmoniously or in conflict with one another. The expert contributors reflect on both of these views and analyse the social dimensions of development and its impact on investment law. Coverage includes in-depth discussion on such issues as human rights, poverty reduction, labor standards, and indigenous peoples. Students and scholars of international investment law will benefit from the informed analysis of the links between investment and development. This book will also be of use to practitioners and experts of development law who are looking for an up-to-date perspective of the field.

Sustainable Development Principles in the Decisions of International Courts and Tribunals

Marie-Claire Cordonier Segger,Judge C.G. Weeramantry
Sustainable Development Principles in the Decisions of International Courts and Tribunals Book PDF

Author : Marie-Claire Cordonier Segger,Judge C.G. Weeramantry
Publisher : Taylor & Francis
Page : 884 pages
File Size : 53,5 Mb
Release : 2017-05-08
Category : Law
ISBN : 9781317670001

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Sustainable Development Principles in the Decisions of International Courts and Tribunals by Marie-Claire Cordonier Segger,Judge C.G. Weeramantry Pdf

The 2002 New Delhi Declaration of Principles of International Law relating to Sustainable Development set out seven principles on sustainable development, as agreed in treaties and soft-law instruments from before the 1992 Rio ‘Earth Summit’ UNCED, to the 2002 Johannesburg World Summit on Sustainable Development, to the 2012 Rio UNCSD. Recognition of the New Delhi principles is shaping the decisions of dispute settlement bodies with jurisdiction over many subjects: the environment, human rights, trade, investment, and crime, among others. This book explores the expanding international jurisprudence incorporating principles of international law on sustainable development. Through chapters by respected experts, the volume documents the application and interpretation of these principles, demonstrating how courts and tribunals are contributing to the world’s Sustainable Development Goals, by peacefully resolving disputes. It charts the evolution of these principles in international law from soft law standards towards recognition as customary law in certain instances, assessing key challenges to further judicial consideration of the principles, and discussing, for instance, how their relevance for compliance and disputes related to the 2015 Paris Agreement on climate change. The volume provides a unique contribution of great interest to law and policy-makers, judges, academics, students, civil society and practitioners concerned with sustainable development and the law, globally.

The Evolving International Investment Regime

Jose E. Alvarez,Karl P. Sauvant
The Evolving International Investment Regime Book PDF

Author : Jose E. Alvarez,Karl P. Sauvant
Publisher : Oxford University Press
Page : 308 pages
File Size : 43,6 Mb
Release : 2011-04-19
Category : Law
ISBN : 9780199878161

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The Evolving International Investment Regime by Jose E. Alvarez,Karl P. Sauvant Pdf

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?"