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International Investment Law and the Right to Regulate
The book considers the ways in which the international investment law regime intersects with the human rights regime, and the potential for clashes between the two legal orders. Within the human rights regime states may be obligated to regulate, including a duty to adopt regulation aiming at improving social standards and conditions of living for their population. Yet, states are increasingly confronted with the consequences of such regulation in investment disputes, where investors seek to challenge regulatory interferences for example in expropriation claims. Regulatory measures may for instance interfere with the investment by imposing conditions on investors or negatively affecting the v...
The Elgar Companion to Intellectual Property and the Sustainable Development Goals
Complex geopolitical debate surrounds the role of intellectual property (IP) in advancing and achieving the UN’s Sustainable Development Goals (SDGs). Summarising and advancing this discourse, this prescient Companion is a thorough examination of how IP law interacts, influences and impacts each of the seventeen SDGs.
Responsibilities and Liabilities for Commercial Activity in the Arctic
Given the magnitude of the risks associated with commercial activities in the Arctic arising as a result of the milder climate, new business opportunities raise important questions of responsibility and liability. This book analyses the issues of responsibility and liability connected with the exploitation of natural resources, marine transport and other activities in the Arctic. Applying a combined private and public law perspective on these issues, it considers both the business and societal interests related to Arctic development using Greenland as an example. The book focuses on problems that are specific to Greenland and wider issues that affect all Arctic states.
Host State Circumstances and Absolute Standards of Protection in International Investment Law
Dieses Werk beschäftigt sich mit den sogenannten "absoluten" Schutzstandards im internationalen Investitionsschutzrecht: dem Fair and Equitable Treatment (FET) und dem Full Protection and Security (FPS) Standard. Es bearbeitet die Frage, ob außergewöhnliche Umstände im Gaststaat einen Einfluss auf die Auslegung dieser Standards haben. Zu diesem Zweck untersucht die Autorin die normativen Grundlagen beider Standards, einschließlich des jeweiligen Wortlauts, Systematik und Zweck, bevor die bestehende Schiedsgerichtspraxis analysiert wird. .
Sustainable Trade, Investment and Finance
Sustainable development remains a high priority in international politics, as governments seek new methods of managing the consumption of resources while maintaining national economic growth. This timely book explores how the contours and facets of sustainability shape international laws and regulations that govern trade, investment and finance.'
Rethinking Investment Law
There is no denying that the rules and enforcement mechanisms of investment law and arbitration reach deep into the regulatory and policy space of host states. Investment tribunals have the ability to second-guess all variety of state measures and, in doing so, have displayed a remarkable lack of restraint. Despite investment law's muscularity, without equal in international law, the prevailing orthodoxy treats investment law as a defensible and just restraint on government and politics. This volume helps to correct the prevailing view. Rethinking Investment Law illustrates how investment law protections for foreign investors constrains states and over-compensates investors. It offers a more...
Diversity in International Arbitration
After decades of focus on harmonization, which for too many represents no more than Western legal dominance and a largely homogeneous arbitration practitioner community, this ground-breaking book explores the increasing attention being paid to the need for greater diversity in the international arbitration ecosystem. It examines diversity in all its forms, investigating how best to develop an international arbitral order that is not just tolerant of diversity, but that sustains and promotes diversity in concert with harmonized practices.
Research Handbook on International Law and Social Rights
This comprehensive Research Handbook offers a comparative overview of the history, nature and current status of social rights at the universal and regional level. Tracing their evolution from rather modest beginnings, to becoming the category of rights responding most accurately to the 21st century’s policy objectives of poverty eradication and equitable resource allocation, this Research Handbook assesses the mechanisms used to enhance the implementation and enforcement of social rights.
Decoding Chinese Bilateral Investment Treaties
Comprehensively investigate key characteristics, evolutionary path, driving forces, interpreting methodologies, and some missing puzzles of Chinese BITs.
The Routledge Handbook of Polar Law
Polar law describes the normative frameworks that govern the relationships between humans, States, Peoples, institutions, land and resources in the Arctic and the Antarctic. These two regions are superficially similar in terms of natural environmental conditions but the overarching frameworks that apply are fundamentally different. The Routledge Handbook of Polar Law explores the legal orders in the Arctic and Antarctic in a comparative perspective, identifying similarities as well as differences. It points to a distinct discipline of "Polar law" as the body of rules governing actors, spaces and institutions at the Poles. Four main features define the collection: the Arctic-Antarctic interfa...
