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The book considers the genealogy of the term gender identity and its entrance and development in international human rights law. Going against the prevailing narrative, the book explores the possibility of refashioning gender identity as a belief; this reframing allows the conflicting rights of women, children and LGB people to be protected and as well as the right of people to express their belief in having a gender identity incongruent with their sex.
This book presents an institutional perspective on realizing the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity.
The Yearbook on International Investment Law & Policy 2012-2013 monitors current developments in international investment law and policy, focusing on recent trends and issues in foreign direct investment (FDI). It includes essays from the Symposium on Sustainable Development and International Investment Law: Bridging the Divide, as well as pertinent general articles. With contributions by leading experts in the field, this title provides timely, authoritative information on FDI that can be used by a wide audience, including practitioners, academics, researchers, and policy makers.
International investment law is one of fastest-growing areas of international law, but it is plagued by the vagueness of many investors' rights and unpredictable investment tribunal decisions. This books analyses international investment law through the lens of comparative public law to clarify investment treaty obligations and arbitral procedure.
A theoretical analysis of the structure of expropriation in investment law, investigating the foundations for contemporary scholarship and practice.
The COVID-19 pandemic has brought the debate on reform of the international investment agreement regime to the fore with renewed force. In this important and timely book, top professionals in the field collectively offer an in-depth investigation of the measures that States have taken, or failed to take, to deal with the pandemic’s consequences and whether these actions or inactions can be construed as investment arbitration risks. In an extensive overview of the impact of COVID-19 on States and investors – including perspectives from UNCTAD, the European Union, the United States, Russia, India, South Korea and the African Union – this comprehensive guide on State defences and investor...
This book analyses the use of the expression 'serious violations of human rights', and similar ones, such as 'gross' or 'grave', in international practice. It highlights some of the recurring responses and consequences to such violations and suggests that a new special regime - eponymous to the above-mentioned expression - was formed. This special regime is understood as substantively limited to a very specific issue-area of human rights violations. Within this regime, a series of monitoring mechanisms and procedures are in place to highlight, document, and record such violations; specific measures are taken to enforce compliance; and certain consequences arise focused on remedying the victi...
This book explores how the European Union designs its trade policy to face the most recent challenges and to influence global policy issues. It provides with an interdisciplinary perspective, by combining legal, political, and economic approaches. It studies a broad set of trade instruments that are used by the EU in its trade policy, such as: trade agreements, multilateral initiatives, unilateral trade policies, as well as, internal market tools. Therefore, the contributions to this volume present the EU’s Trade Policy through different lenses providing a complex view of it.
Volume 8 of the EYIEL focuses on the external economic relations of the European Union as one of the most dynamic political fields in the process of European integration. The first part of this volume analyses the recent controversial questions of the external economic relations of the Union, dealing with the complexity of mixed agreements, transparency and legitimacy issues as well as recent proposals in relation to Investor-State-Dispute Settlement, the Trade Defence Instruments and the implications of the “Brexit” in this context. The second part of EYIEL 8 addresses ongoing bilateral and multilateral negotiations of the EU with China, Japan, Australia, Canada and Taiwan. Moreover, the third part deals with the EU in international organisations and institutions, in particular the recent institutional aspects of the EU-UN relationship, representation in the IMF as well as WTO jurisprudence involving the EU in 2015. The volume concludes with reviews of recent books in international economic law.
This seminal work is the first fully to engage human security with power in the international system. It presents global governance not as impartial institutionalism, but as the calculated mismanagement of life, directing biopolitical neoliberal ideology through global networks, undermining the human security of millions. The book responds to recent critiques of the human security concept as incoherent by identifying and prioritizing transnational human populations facing life-ending contingencies en mass. Furthermore, it proposes a realignment of World Bank practices towards mobilizing indigenous provision of water and sanitation in areas with the highest rates of avoidable child mortality. Roberts demonstrates that mainstream IR's nihilistic domination of security thinking is directly responsible for blocking the realization of greater human security for countless people worldwide, whilst its assumptions and attendant policies perpetuate the dystopia its proponents claim is inevitable. Yet this book presents a viable means of achieving a form of human security so far denied to the most vulnerable people in the world.