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Human Rights, Natural Resource and Investment Law in a Globalised World
In the world’s developing countries, foreign investment in natural resources brings into contact competing interests that are often characterised by unequal balances of negotiating power – from multinational corporations and host governments, through to the local people affected by the influx of foreign investment. The growing integration of the world economy has been accompanied by rapid and extensive developments in the national and international norms that regulate investment and its impact – including investment law, natural resource law and human rights law. These legal developments affect the ‘shadow’ that the law casts over the multiple negotiations that characterise interna...
The Great African Land Grab?
Over the past few years, large-scale land acquisitions in Africa have stoked controversy, making headlines in media reports across the world. Land that only a short time ago seemed of little outside interest is now being sought by international investors to the tune of hundreds of thousands of hectares. Private-sector expectations of higher world food and commodity prices and government concerns about longer-term national food and energy security have both made land a more attractive asset. Dubbed ‘land grabs’ in the media, large-scale land acquisitions have become one of the most talked about and contentious topics amongst those studying, working in or writing about Africa. Some comment...
Sustainable Development in World Investment Law
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 investmen...
The Great African Land Grab?
Over the past few years, large-scale land acquisitions in Africa have stoked controversy, making headlines in media reports across the world. Land that only a short time ago seemed of little outside interest is now being sought by international investors to the tune of hundreds of thousands of hectares. Private-sector expectations of higher world food and commodity prices and government concerns about longer-term national food and energy security have both made land a more attractive asset. Dubbed 'land grabs' in the media, large-scale land acquisitions have become one of the most talked about and contentious topics amongst those studying, working in or writing about Africa. Some commentator...
Research Handbook on Human Rights and Investment
The interplay between human rights and investments is a key and complex issue in today’s world. To take stock of this importance and to tackle this complexity, this Research Handbook offers a unique multi-faceted approach. It gathers in-depth contributions which focus on the interplay between human rights and investments in various international legal regimes, economic sectors and regions. It also provides thorough analyses of the various types of accountability that may result from the activities of multinational corporations in relation to human rights. This Research Handbook is intended for practitioners, policy-makers, academics and students eager to understand the interaction between human rights and investments in all its dimensions.
The New Enclosures: Critical Perspectives on Corporate Land Deals
This collection explores the complex dynamics of corporate land deals from a broad agrarian political economy perspective, with a special focus on the implications for property and labour regimes, labour processes and structures of accumulation. This involves looking at ways in which existing patterns of rural social differentiation – in terms of class, gender, ethnicity and generation – are being shaped by changes in land use and property relations, as well as by the re-organization of production and exchange as rural communities and resources are incorporated into global commodity chains. It goes further than the descriptive ‘what’ and ‘who’ questions, in order to understand the ‘how’ and ‘why’ of these patterns. It is empirically solid and theoretically sophisticated, making it a robust and boundary-changing work. Contributors come from various scholarly disciplines. Covering nearly all regions of the world, the collection will be of interest to researchers from various disciplines, policymakers and activists. This book was originally published as a Special Issue of the Journal of Peasant Studies.
Yearbook on International Investment Law and Policy 2014-2015
The 2014-2015 edition of the Yearbook, covers several important themes. There is a notable focus on country and region-specific developments in countries such as Australia, Brazil, China, Ghana, India, Indonesia, Russia, and South Africa, along with regional innovations in Latin America. This edition provides a comprehensive and insightful assessment of reform, and proposals for reform, in investor-state dispute settlement, and in investment law. This edition goes on to assess the topic of states' regulatory autonomy and their ability to protect nationals, and explores the contribution of investment arbitration to the development of international law, and its influence on law in general.
Energy Justice
Energy Justice: US and International Perspectives is a pioneering analysis of energy law and policy through the framework of energy justice. While climate change has triggered unprecedented investment in renewable energy, the concept of energy justice and its practical application to energy law and policy remain under-theorized. This volume breaks new ground by examining a range of energy justice regulatory challenges from the perspective of international law, US law, and foreign domestic law. The book illuminates the theory of energy justice while emphasizing practical solutions that hasten the transition from fossil fuels and address the inequities that plague energy systems.
Research Handbook on Property, Law and Theory
This comprehensive Research Handbook interrogates and offers historical as well as contemporary understandings of property, property law and property theory. Chapters locate the role of property in key theoretical debates and examine propertyÕs place in significant social contexts, covering topics such as Indigenous property, artificial intelligence, cryptoassets, property and the art world, environmentalism and climate change.
Large-Scale Land Investments in Least Developed Countries
This book analyses large-scale land investments for agricultural purposes in Africa’s least developed countries from a law and economics perspective. Focusing on the effects of foreign land investments on host countries’ local populations and the apparent failure of international law to create incentives to offset them, it also examines the legal and economic mechanisms to hold investors accountable in cases where their investment leads to human rights violations. Applying principal agent and contract theory, it elucidates the sources of opportunism and develops control mechanisms to ameliorate the negative effects. It shows that although judicial mechanisms fail to deliver justice, international law offers alternatives to safeguard against arbitrary and abusive state and investor conduct, and also to effectuate human rights and, thus, tackle opportunistic behaviour.
