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International Investment Law and Globalization
  • Language: en
  • Pages: 310

International Investment Law and Globalization

  • Categories: Law
  • Type: Book
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  • Published: 2018-09-03
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  • Publisher: Routledge

In a context of neoliberal globalization, have the processes of elaboration and implementation of foreign investors' responsibilities by intergovernmental organizations reached the realm of legality? Using an analytical framework and a methodology that combines international law with international relations, this book provides a twofold answer to this question. First, it demonstrates that the normative integration of foreign investors' responsibilities in international investment law is fragmented and consistent with the interests of the most powerful actors. Second, while using the interactional theory of international law to assess the normative character of several international instruments elaborated and implemented by intergovernmental organizations, it highlights the sense of obligation that each instrument generates. The analysis demonstrates that such a codification process is marked by relations of power and has resulted in several social norms, with relatively few legal norms.

Social License and Dispute Resolution in the Extractive Industries
  • Language: en
  • Pages: 235

Social License and Dispute Resolution in the Extractive Industries

  • Categories: Law
  • Type: Book
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  • Published: 2021-03-01
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  • Publisher: BRILL

Social License and Dispute Resolution in the Extractive Industries is a broad collection offering insights from both renowned academics and practitioners on the intersection of international dispute resolution and the social license to operate in the extractive industries.

European Yearbook of International Economic Law 2019
  • Language: en
  • Pages: 478

European Yearbook of International Economic Law 2019

  • Categories: Law

Volume 10 of the EYIEL focusses on the relationship between transnational labour law and international economic law on the occasion of the 100th anniversary of the International Labour Organisation (ILO). As one of the oldest UN Agencies, the ILO has achieved considerable progress with respect to labour rights and conditions. The contributions to EYIEL Volume 10 assess these achievements in light of current and future challenges. The ILO’s core instruments and legal documents are analysed and similarly the impact labour standards have on trade and investment agreements. In its regional section, EYIEL 10 addresses recent developments in the US and the EU, including the US’ trade policy st...

Energy and the Environment
  • Language: en
  • Pages: 387

Energy and the Environment

  • Categories: Law

This book shows the complexity of the energy-environment nexus under international economic law, existing gaps and further actions for improvement.

Dispute Settlement and the Reform of International Investment Law
  • Language: en
  • Pages: 239

Dispute Settlement and the Reform of International Investment Law

  • Categories: Law

This concise and insightful book studies the role of the ISDS mechanism in the legalization, and legitimacy, of the international investment law regime. Providing an interdisciplinary perspective on ISDS through the constructivist theory of international relations, this book argues that reforming ISDS can contribute to the legalization of international investment law, but such a contribution is subject to both “institutional” and “internal” limitations.

Investor-State Dispute Settlement and International Investment Agreements
  • Language: en
  • Pages: 218

Investor-State Dispute Settlement and International Investment Agreements

  • Categories: Law

This book examines the international investment agreements and the dispute settlement mechanisms contained therein, which bind the Gulf Cooperation Council member States. The Gulf Cooperation Council (GCC), comprising Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and the United Arab Emirates, is complex and unique. Recently, all member States have experienced increasing investor–state arbitration claims, while their nationals are increasingly instituting investor–state arbitrations to protect their own foreign investments. Intra-GCC disputes, though relatively rare, have also appeared, largely as a result of the recent Gulf crisis. While focussing particularly upon the investor–state dis...

International Centre for Settlement of Investment Disputes (ICSID)
  • Language: en
  • Pages: 394

International Centre for Settlement of Investment Disputes (ICSID)

  • Categories: Law

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the structure, competence, and management of International Centre for Settlement of Investment Disputes (ICSID)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 organization’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 organization’s genesis and historical development to the structure of its...

General Principles for Business and Human Rights in International Law
  • Language: en
  • Pages: 404

General Principles for Business and Human Rights in International Law

  • Categories: Law
  • Type: Book
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  • Published: 2020-10-26
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  • Publisher: BRILL

In General Principles for Business and Human Rights in International Law Ludovica Chiussi Curzi offers an overview of the relevance of general principles of law in the multifaceted discourse on business and human rights. What are the implications of the state duty to protect human rights in good faith and to guarantee victims of corporate human rights violations access to justice? Can general principles of law, such as abuse of rights, due diligence, and estoppel provide a source of obligations for companies that is relevant to human rights protection? Has an autonomous principle on corporate liability developed in international law? These are the questions at the core of this monograph, which seeks the answers in the normative foundations of public international law.

Counterclaims in Investment Arbitration
  • Language: en
  • Pages: 212

Counterclaims in Investment Arbitration

  • Categories: Law
  • Type: Book
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  • Published: 2024-06-20
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  • Publisher: BRILL

Foreign investors benefit from investment protection standards in international investment law which are enforceable in investment arbitration. However, international law does not directly bind foreign investors and investment arbitration struggles to address foreign investor misconduct. Thus, host States cannot easily claim against foreign investors for breaches of international law in investment arbitration. In Counterclaims in Investment Arbitration, Edward Guntrip illustrates how host States can use counterclaim procedures in investment arbitration to hold foreign investors accountable for misconduct that breaches international law. Based on arbitral practice, the book sets out how host States can amend their State practice and litigation strategies to enhance the effectiveness of counterclaim procedures and assesses when host States should take this course of action.

BUiD Doctoral Research Conference 2023
  • Language: en
  • Pages: 524

BUiD Doctoral Research Conference 2023

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