The Investment Treaty Regime And Public Interest Regulation In Africa

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The Investment Treaty Regime and Public Interest Regulation in Africa

Dominic Npoanlari Dagbanja
The Investment Treaty Regime and Public Interest Regulation in Africa Book PDF

Author : Dominic Npoanlari Dagbanja
Publisher : Oxford University Press
Page : 401 pages
File Size : 42,8 Mb
Release : 2022-07-14
Category : Law
ISBN : 9780192649898

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The Investment Treaty Regime and Public Interest Regulation in Africa by Dominic Npoanlari Dagbanja Pdf

A large amount of foreign direct investment (FDI) has been poured into Africa in recent decades and these investments can come with adverse effects on the environment, human rights, and development. At the same time, investment treaties, entered into by African states and aimed at promoting and protecting FDI, seriously limit those states' ability to regulate such activities in the interests of affected communities. Whilst these tensions have generated global debate, little attention has been paid to the legal status of many of these investment treaties, and whether - given their constitutional and customary international law obligations to act in the public interest - African states truly have the capacity to conclude treaties which contain standards of investment protection expressly preventing or unduly abridging the exercise of their regulatory authority. Focusing on this question, The Investment Treaty Regime and Public Interest Regulation in Africa presents The Imperatives Theory: a legal, normative, and principled framework for rethinking the legal status, making, and reform of investment treaties and investment dispute settlement in Africa, with relevant and significant implications for the global investment treaty regime.

International Investment Law and Policy in Africa

Fola Adeleke
International Investment Law and Policy in Africa Book PDF

Author : Fola Adeleke
Publisher : Routledge
Page : 211 pages
File Size : 47,8 Mb
Release : 2017-09-08
Category : Business & Economics
ISBN : 9781351998819

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International Investment Law and Policy in Africa by Fola Adeleke Pdf

This book studies the international investment law regime in Africa and provides a comprehensive analysis of the current treaty practices in Africa from global, regional and domestic perspectives. It develops a public interest regulation theory to highlight the role of investment regulation in sustainable development and the protection of human rights. In doing so, the book identifies seven factors that should be considered by arbitrators in resolving international investment disputes that affect the public interest. It considers how corporations can be held accountable through investment treaties in the absence of a global treaty on business and human rights while protecting the rights of investors and their investments. Furthermore, the book explores the current objectives and features of investor-state dispute settlement (ISDS) as well as the deficiencies and its intersection with the rule of law. It identifies alternatives for ISDS and the extent to which these alternatives address the objectives of attracting investment, depoliticise investment disputes, promote the rule of law and offer remedies to investors. These solutions are offered in relation to the protection of human rights, the promotion of sustainable development and the right of states to introduce domestic public interest regulation. Finally, the book takes a prospective stance and discusses future trends for dispute settlement and investment rulemaking in Africa.

Shifting Paradigms in International Investment Law

Steffen Hindelang,Markus Krajewski
Shifting Paradigms in International Investment Law Book PDF

Author : Steffen Hindelang,Markus Krajewski
Publisher : Oxford University Press
Page : 430 pages
File Size : 51,5 Mb
Release : 2016-01-21
Category : Law
ISBN : 9780191058295

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Shifting Paradigms in International Investment Law by Steffen Hindelang,Markus Krajewski Pdf

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.

The Political Economy of the Investment Treaty Regime

Jonathan Bonnitcha,Lauge N. Skovgaard Poulsen,Michael Waibel
The Political Economy of the Investment Treaty Regime Book PDF

Author : Jonathan Bonnitcha,Lauge N. Skovgaard Poulsen,Michael Waibel
Publisher : Oxford University Press
Page : 336 pages
File Size : 44,5 Mb
Release : 2017-07-04
Category : Business & Economics
ISBN : 9780191030246

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The Political Economy of the Investment Treaty Regime by Jonathan Bonnitcha,Lauge N. Skovgaard Poulsen,Michael Waibel Pdf

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.

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 : 50,9 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.

Reassertion of Control over the Investment Treaty Regime

Andreas Kulick
Reassertion of Control over the Investment Treaty Regime Book PDF

Author : Andreas Kulick
Publisher : Cambridge University Press
Page : 411 pages
File Size : 48,5 Mb
Release : 2016-12-15
Category : Business & Economics
ISBN : 9781107172654

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Reassertion of Control over the Investment Treaty Regime by Andreas Kulick Pdf

This book identifies a paradigm shift in international investment law and enquires into how states reassert control over investment treaties.

Improving International Investment Agreements

Armand De Mestral,Céline Lévesque
Improving International Investment Agreements Book PDF

Author : Armand De Mestral,Céline Lévesque
Publisher : Routledge
Page : 442 pages
File Size : 49,6 Mb
Release : 2013-02-11
Category : Law
ISBN : 9781136260704

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Improving International Investment Agreements by Armand De Mestral,Céline Lévesque Pdf

This book presents the reflections of a group of researchers interested in assessing whether the law governing the promotion and protection of foreign investment reflects sound public policy. Whether it is the lack of "checks and balances" on investor rights or more broadly the lack of balance between public rights and private interests, the time is ripe for an in-depth discussions of current challenges facing the international investment law regime. Through a survey of the evolution in IIA treaty-making and an evaluation from different perspectives, the authors take stock of developments in international investment law and analyze potential solutions to some of the criticisms that plague IIAs. The book takes a multidisciplinary approach to the subject, with expert analysis from legal, political and economic scholars. The first part of the book traces the evolution of IIA treaty-making whilst the other three parts are organised around the concepts of efficiency, legitimacy and sustainability. Each contributor analyzes one or more issues related to substance, treaty negotiation, or dispute resolution, with the ultimate aim of improving IIA treaty-making in these respects. Improving International Investment Agreements will be of particular interest to students and academics in the fields of International Investment Law, International Trade Law, Business and Economics.

The Emergent African Union Law

Olufemi Amao,Michèle Olivier,Konstantinos D. Magliveras
The Emergent African Union Law Book PDF

Author : Olufemi Amao,Michèle Olivier,Konstantinos D. Magliveras
Publisher : Oxford University Press
Page : 497 pages
File Size : 48,9 Mb
Release : 2021-10-07
Category : Law
ISBN : 9780192606778

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The Emergent African Union Law by Olufemi Amao,Michèle Olivier,Konstantinos D. Magliveras Pdf

This book is a groundbreaking study of the emergence of a unique African Union legal system, with contributions from a diverse collection of scholars and practitioners. It highlights how law stands at the heart of the successful regional integration effort in Africa and explores, among either issues, the extent to which African Union law is having an impact on domestic laws. This trend has been particularly noticeable in the area of human rights, the rule of law, democratic principles, and aspects of constitutional law. Furthermore, the book examines how the African Union is engendering new norms from its legal order, such as the non-indifference norm, the norm on unconstitutional change of government, free trade, free movement of people, economic regulation, and democratic constitutionalism. The book also analyses how the African Union legal order has led to the emergence of a continental-level judicial system. The quasi-judicial system put in place under the African Charter on Human and Peoples' Rights, and administered by the African Commission on Human and Peoples' Rights, is now complemented by the African Court on Human and Peoples' Rights. This book contends that the continental-level judicial system is playing a crucial role in the moulding of emergent norms.

The Right to Regulate in International Investment Law

Aikaterini Titi
The Right to Regulate in International Investment Law Book PDF

Author : Aikaterini Titi
Publisher : Unknown
Page : 376 pages
File Size : 49,9 Mb
Release : 2014-04-30
Category : Capital investments
ISBN : 3848710625

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The Right to Regulate in International Investment Law by Aikaterini Titi Pdf

La 4e de couverture indique : "Since the inception of the international investment law system, investment promotion and protection have been the raison d'être of investment treaties and states have confined their policy space in order to attract foreign investment and protect their investors abroad. Languishing in relative obscurity until recently, the right to regulate has gradually come to the spotlight as a key component of negotiations on new generation investment agreements around the globe. States and regional organisations, including, notably, the European Union and the United States, have started to examine ways in which to safeguard their regulatory power and guide - and delimit - the interpretive power of arbitral tribunals, by reserving their right to pursue specific public policy objectives. The monograph explores the status quo of the right to regulate, in order to offer an appraisal and a reference tool for treatymakers, thus contributing to a better understanding of the concept and the broader discourse on how to enhance the investment law system's legitimacy."

International Investment Law

Marc Bungenberg
International Investment Law Book PDF

Author : Marc Bungenberg
Publisher : Hart Pub Limited
Page : 2000 pages
File Size : 43,7 Mb
Release : 2014-11-30
Category : Law
ISBN : 1849463638

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International Investment Law by Marc Bungenberg Pdf

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.

The African Union (AU)

Konstantinos D. Magliveras,Gino J. Naldi
The African Union AU Book PDF

Author : Konstantinos D. Magliveras,Gino J. Naldi
Publisher : Aspen Publishers
Page : 0 pages
File Size : 50,8 Mb
Release : 2013
Category : Africa
ISBN : 904115616X

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The African Union (AU) by Konstantinos D. Magliveras,Gino J. Naldi Pdf

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the structure, competence, and management of the African Union (AU) provides substantial and readily accessible information for lawyers, academics, and policymakers likely to have dealings with its activities and data. No other book gives such a clear, uncomplicated description of the organizationand’s role, its rules and how they are applied, its place in the framework of international law, or its relations with other organizations. The monograph proceeds logically from the organizationand’s genesis and historical development to the structure of its membership, its various organs and their mandates, its role in intergovernmental cooperation, and its interaction with decisions taken at the national level. Its competence, its financial management, and the nature and applicability of its data and publications are fully described. Systematic in presentation, this valuable time-saving resource offers the quickest, easiest way to acquire a sound understanding of the workings of the African Union (AU) for all interested parties. Students and teachers of international law will find it especially valuable as an essential component of the rapidly growing and changing global legal milieu.

Evolution in Investment Treaty Law and Arbitration

Chester Brown,Kate Miles
Evolution in Investment Treaty Law and Arbitration Book PDF

Author : Chester Brown,Kate Miles
Publisher : Cambridge University Press
Page : 747 pages
File Size : 41,8 Mb
Release : 2011-11-17
Category : Law
ISBN : 9781139503617

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Evolution in Investment Treaty Law and Arbitration by Chester Brown,Kate Miles Pdf

International investment law is in a state of evolution. With the advent of investor-State arbitration in the latter part of the twentieth century - and its exponential growth over the last decade - new levels of complexity, uncertainty and substantive expansion are emerging. States continue to enter into investment treaties and the number of investor-State arbitration claims continues to rise. At the same time, the various participants in investment treaty arbitration are faced with increasingly difficult issues concerning the fundamental character of the investment treaty regime, the role of the actors in international investment law, the new significance of procedure in the settlement of disputes and the emergence of cross-cutting issues. Bringing together established scholars and practitioners, as well as members of a new generation of international investment lawyers, this volume examines these developments and provides a balanced assessment of the challenges being faced in the field.

Transparency in International Law

Andrea Bianchi,Anne Peters
Transparency in International Law Book PDF

Author : Andrea Bianchi,Anne Peters
Publisher : Cambridge University Press
Page : 641 pages
File Size : 48,5 Mb
Release : 2013-11-07
Category : Law
ISBN : 9781107470248

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Transparency in International Law by Andrea Bianchi,Anne Peters Pdf

While its importance in domestic law has long been acknowledged, transparency has until now remained largely unexplored in international law. This study of transparency issues in key areas such as international economic law, environmental law, human rights law and humanitarian law brings together new and important insights on this pressing issue. Contributors explore the framing and content of transparency in their respective fields with regard to proceedings, institutions, law-making processes and legal culture, and a selection of cross-cutting essays completes the study by examining transparency in international law-making and adjudication.

The Changing Practices of International Law

Tanja Aalberts,Thomas Gammeltoft-Hansen
The Changing Practices of International Law Book PDF

Author : Tanja Aalberts,Thomas Gammeltoft-Hansen
Publisher : Cambridge University Press
Page : 273 pages
File Size : 52,9 Mb
Release : 2018-04-05
Category : Law
ISBN : 9781108425971

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The Changing Practices of International Law by Tanja Aalberts,Thomas Gammeltoft-Hansen Pdf

Countering mainstream theories, this book focuses on the expanding institutionalisation of international law.

Taking a Common Concern Approach to Economic Inequality

Alexander D. Beyleveld
Taking a Common Concern Approach to Economic Inequality Book PDF

Author : Alexander D. Beyleveld
Publisher : BRILL
Page : 267 pages
File Size : 46,7 Mb
Release : 2022-03-16
Category : Law
ISBN : 9789004511750

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Taking a Common Concern Approach to Economic Inequality by Alexander D. Beyleveld Pdf

The open access publication of this book has been published with the support of the Swiss National Science Foundation. Are countries capable of reducing economic inequality under conditions of contemporary globalisation without cooperating and coordinating with other countries? While states are far from powerless to effect distributional change within their own sovereign space, Taking a Common Concern Approach to Economic Inequality makes the case that cooperation and coordination is indeed necessary, especially in relation to corporate taxation. It accordingly contemplates the utility of a transnational taxation system that is embedded in cooperative sovereignty through the recognition of rising economic inequality and its deleterious effects – including how increasingly unequal distributions within countries make transnational cooperation and coordination efforts less likely – as a common concern of humankind.