International Investment Law And Gender Equality

Author : Sangwani Patrick Ng’ambi,Kangwa-Musole George Chisanga
Publisher : Routledge
Page : 160 pages
File Size : 49,5 Mb
Release : 2020-03-27
Category : Law
ISBN : 9780429664540

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International Investment Law and Gender Equality by Sangwani Patrick Ng’ambi,Kangwa-Musole George Chisanga Pdf

This book analyses the impact that stabilization clauses have on the development of human rights and gender laws in resource rich nations. Given the fact that stabilization clauses freeze the law for as long as the contract subsists there has been debate on the negative impact stabilization clauses have on the progressive development of human rights in the host State. Firstly, the book examines the mechanisms investors utilise in protecting themselves from host State prerogatives. It then explores the theoretical basis on which stabilization clauses are applied and upheld by arbitral tribunals, and assesses how they can be drafted in a way that protects human rights, particularly in relation to gender discrimination, without forcing the resource rich nations to lose momentum in attracting foreign direct investment. Using Zambia and the Gender Equity and Equality Act of 2015 as a case study, the book explores the compatibility of the legislation with the stabilization clauses contained in the country’s Development Agreements. The book will be of interest to practitioners, scholars and students of international investment law, human rights law and contract law.

Author : Todd Weiler
Publisher : Martinus Nijhoff Publishers
Page : 572 pages
File Size : 44,7 Mb
Release : 2013-05-02
Category : Business & Economics
ISBN : 9789004232235

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The Interpretation of International Investment Law by Todd Weiler Pdf

In The Interpretation of International Investment Law: Equality, Discrimination and Minimum Standards of Treatment in Historical Context, author Todd Weiler demonstrates how historical analysis should be adopted in the interpretation of international investment law obligations. Weiler subjects some of the most commonly held beliefs about the nature and development of international investment law to a critical re-appraisal, based upon meticulously assembled historical record. In the process, the book provides readers with a fresh perspective on some of the oldest obligations in international law.

Author : Campbell McLachlan
Publisher : Cambridge University Press
Page : 147 pages
File Size : 47,9 Mb
Release : 2021-11-18
Category : Law
ISBN : 9781316517826

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The Institute of International Law's Resolution on the Equality of Parties Before International Investment Tribunals by Campbell McLachlan Pdf

The first authoritative commentary on a major new codification of the equality principle as applied to investor-state dispute settlement.

Author : Fiona Beveridge
Publisher : Manchester University Press
Page : 361 pages
File Size : 50,5 Mb
Release : 2022-12-20
Category : Law
ISBN : 9781526171238

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The treatment and taxation of foreign investment under international law by Fiona Beveridge Pdf

Now available as an ebook for the first time, this 2000 title in the Melland Schill Studies in International Law series is an examination of key issues concerning the treatment of foreign investment and the taxation of investors. It looks at some of the challenges which globalization has thrown up for the international community from a legal perspective and sets developments alongside more traditional approaches. Particular attention is paid to the needs and aspirations of developing countries and the implications for them of free trade orthodoxy. After outlining the established framework of laws concerning investment protection and taxation, the author looks at experiences in the European Union and the North Atlantic Free Trade Agreement and at a range of disputes and legal developments to assess whether international legal regimes are responding adequately to meet the needs of states and investors alike. OECD initiatives on taxation and the aborted Multilateral Agreement on Investment negotiations are examined in conjunction with the relevant provisions of the World Trade Organization Agreements.

Author : August Reinisch,Christina Knahr
Publisher : Eleven International Publishing
Page : 217 pages
File Size : 48,9 Mb
Release : 2008
Category : Arbitration (International law)
ISBN : 9789077596487

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International Investment Law in Context by August Reinisch,Christina Knahr Pdf

In the last decade, international investment law has developed into one of the core areas of international law. The reason for this development is twofold. The number of cases has increased rapidly. The International Centre for Settlement of Investment Disputes has over a hundred pending cases and there are more before ad hoc tribunals, mostly operating under the United Nations' Commission on International Trade Law Rules. In addition, investment law has addressed a number of novel issues while also coming up with some innovative solutions. This book brings together the papers delivered at the Young Scholars Conference in International Economic Law, which was held at the University of Vienna Law School in June 2007. Under the general topic of "Current Issues and Developments in International Investment Law," the speakers addressed core issues like the definition of investment, legitimate expectations of investors, and the meaning and importance of references to domestic law included in many Bilateral Investment Treaties. Also discussed were topics like the role of investment law in the context of the European Union and its relation to cultural matters, human rights, and other non-investment issues. As international investment law is becoming more and more significant, a book such as this, dedicated to the latest developments in the field, will be of utmost importance to anyone interested in this area of law.

Author : Anonim
Publisher : Oxford University Press
Page : 481 pages
File Size : 55,8 Mb
Release : 2023-10-21
Category : Law
ISBN : 9780192872920

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The Roles of International Law in Development by Anonim Pdf

The Roles of International Law in Development provides an in-depth analysis of the relationship between public international law and development. Unlike the existing body of literature on public international law, this book investigates how international law and development interact, and evaluates how significant a role international law plays in development. Bringing together a collection of perspectives from contributors working across multiple development fields, the chapters explore the relevance and applicability of international law to particular sectors and issues implicated in development activities. They analyse how international law rules and processes can influence procedural and substantive aspects of development policies as these regulate various forms of financial support, trade, technical assistance, and policy dialogue. They also explore whether, and how, development could be more effective and yield more equitable and sustainable outcomes if the relevant and applicable rules of international law were better understood, consistently incorporated, and appropriately applied in development activities. One of the foundational premises of this book is that development policy and practice should be grounded more systematically in international law, rejecting the notion that development policy is a 'self-contained' regime operating in a legal vacuum. By reflecting the substantive rules of international law, this in turn anchors development in international legal accountability.

Author : Catharine Titi
Publisher : Springer Nature
Page : 205 pages
File Size : 53,8 Mb
Release : 2021
Category : Conflict management
ISBN : 9783030589165

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Public Actors in International Investment Law by Catharine Titi Pdf

This open access book focuses on public actors with a role in the settlement of investment disputes. Traditional studies on actors in international investment law have tended to concentrate on arbitrators, claimant investors and respondent states. Yet this focus on the "principal" players in investment dispute settlement has allowed a number of other seminal actors to be neglected. This book seeks to redress this imbalance by turning the spotlight on the latter. From the investor's home state to domestic courts, from sub-national governments to international organisations, and from political risk insurance agencies to legal defence teams in national ministries, the book critically reviews these overlooked public actors in international investment law.

Author : Sevi Simavi,Clare Manuel,Mark Blackden
Publisher : World Bank Publications
Page : 184 pages
File Size : 43,5 Mb
Release : 2010-01-06
Category : Social Science
ISBN : 0821380982

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Gender Dimensions of Investment Climate Reform by Sevi Simavi,Clare Manuel,Mark Blackden Pdf

The economic empowerment of women is increasingly seen as one of the most important forces behind economic growth and the fight against poverty. Indeed, women's economic participation in an economy as entrepreneurs, employees, and leaders is recognized as a measure of a country's dynamism and viability. 'Gender Dimensions of Investment Climate Reform' provides fresh solutions to common issues that women entrepreneurs face. It presents actionable, replicable, and scalable tools for promoting gender-sensitive investment climate reforms that would benefit both women and men. The book enables development practitioners and policy makers who are not gender specialists to diagnose gender issues in an investment climate; design creative and practical solutions and recommendations for addressing gender constraints; and monitor and evaluate the implementation of those recommendations.

Author : British Institute of International and Comparative Law
Publisher : BIICL
Page : 356 pages
File Size : 46,5 Mb
Release : 2009
Category : Business & Economics
ISBN : 1905221126

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Investment Treaty Law by British Institute of International and Comparative Law Pdf

The Investment Treaty Forum of the British Institute of International and Comparative Law brings together eminent practitioners, arbitrators, and academics in the dynamic area of international investment law. Members of the Forum, under the British Institute's auspices, examine and debate the legal and policy issues presented by the increasingly complex web of investment treaties and the disputes that arise under them. The Forum held two conferences in 2007. This present volume compiles the papers presented at the conferences, as well as a transcript of the round-table discussion on the subject of 'precedent' in international investment. Part I of the book is devoted to remedies, compensation, and valuation in international investment disputes. This under-theorized area of law is ripe for further exploration by lawyers and economists, and the papers in this volume present a framework for further inquiry. Part II addresses the jurisprudence emerging from investment arbitration tribunals on issues such as fair and equitable treatment, 'umbrella' clauses, and nationality of claimants. The overarching question addressed by the papers, and by the concluding roundtable, is the relationship of those decisions with general international law and whether or not there is, or should be, a doctrine of precedent in investment treaty arbitration.

Author : Elissa Braunstein,United Nations Research Institute for Social Development
Publisher : Geneva : UNRISD
Page : 40 pages
File Size : 51,8 Mb
Release : 2006-01-01
Category : Developing countries
ISBN : 9290850655

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Foreign Direct Investment, Development and Gender Equity by Elissa Braunstein,United Nations Research Institute for Social Development Pdf

Author : Tullio Treves,Francesco Seatzu,Seline Trevisanut
Publisher : Unknown
Page : 0 pages
File Size : 55,7 Mb
Release : 2015-07-16
Category : Exploitation
ISBN : 1138935190

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Foreign Investment, International Law and Common Concerns by Tullio Treves,Francesco Seatzu,Seline Trevisanut Pdf

Increasingly, transnational corporations, developed countries and private actors are broadening the boundaries of their investments into new territories, in search of a higher return on capital. This growth in direct foreign investment involves serious issues for both the investor and host state. This book explores from an international law perspective the complex relationship between foreign investments and common concerns, i.e. values that do not coincide, or do not necessarily coincide, with the interests of the investor and of the host state. The book provides valuable insights into the substantive issues and institutional aspects of international investment law.

Author : World Bank;World Trade Organization
Publisher : World Bank Publications
Page : 270 pages
File Size : 43,5 Mb
Release : 2020-09-04
Category : Business & Economics
ISBN : 9781464815560

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Women and Trade by World Bank;World Trade Organization Pdf

Trade can dramatically improve women’s lives, creating new jobs, enhancing consumer choices, and increasing women’s bargaining power in society. It can also lead to job losses and a concentration of work in low-skilled employment. Given the complexity and specificity of the relationship between trade and gender, it is essential to assess the potential impact of trade policy on both women and men and to develop appropriate, evidence-based policies to ensure that trade helps to enhance opportunities for all. Research on gender equality and trade has been constrained by limited data and a lack of understanding of the connections among the economic roles that women play as workers, consumers, and decision makers. Building on new analyses and new sex-disaggregated data, Women and Trade: The Role of Trade in Promoting Gender Equality aims to advance the understanding of the relationship between trade and gender equality and to identify a series of opportunities through which trade can improve the lives of women.

Author : Marie-Claire Cordonier Segger,Markus W. Gehring,Andrew Paul Newcombe
Publisher : Kluwer Law International B.V.
Page : 978 pages
File Size : 49,6 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.

Author : International Trade Centre
Publisher : United Nations
Page : 52 pages
File Size : 54,9 Mb
Release : 2020-10-31
Category : Law
ISBN : 9789210054591

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Mainstreaming Gender in Free Trade Agreements by International Trade Centre Pdf

This report presents recommendations to boost the participation of women in trade through free trade agreements. Policymakers and trade negotiators will find a new toolkit to gauge gender responsiveness in their agreements. These lessons are based on a research assessment of 73 selected free trade agreements in force among 25 Commonwealth countries, and top-line recommendations and model clauses for countries to adapt. The recommendations include embedding gender provisions in the preamble, leveraging corporate social responsibility, using reservations, waivers and general exceptions, and strengthening monitoring and dispute settlement mechanisms.

Author : C. L. Lim,Jean Ho,Martins Paparinskis
Publisher : Cambridge University Press
Page : 687 pages
File Size : 41,6 Mb
Release : 2021-03-11
Category : Law
ISBN : 9781108842990

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International Investment Law and Arbitration by C. L. Lim,Jean Ho,Martins Paparinskis Pdf

A new edition connecting extracts from arbitral decisions, treaties and scholarly works with concise, up-to-date and reliable commentary.