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The Impact of Investment Treaty Law on Host States
Traditionally, international investment law was conceptualised as a set of norms aiming to ensure good governance for foreign investors, in exchange for their capital and know-how. However, the more recent narratives postulate that investment treaties and investor–state arbitration can lead to better governance not just for foreign investors but also for host state communities. Investment treaty law can arguably foster good governance by holding host governments liable for a failure to ensure transparency, stability, predictability and consistency in their dealings with foreign investors. The recent proliferation of such narratives in investment treaty practice, arbitral awards and academi...
Investors’ International Law
This book is the first book-length analysis of investor accountability under general and customary international law, international human rights law, international environmental law, international humanitarian law, as well as international investment law. International investment law is currently facing growing criticisms for its failure to address corruption, abuse, environmental damage, and other forms of investor misconduct. Reform initiatives range from the rejection of international law as a governing regime for investors, to the dramatic overhaul of investment treaties that supposedly enable investor overprotection, to the creation of a multilateral international instrument that would ...
New Voices and New Perspectives in International Economic Law
This book brings together a series of contributions by international legal scholars that explore a range of subjects and themes in the field of international economic law and global economic governance through a variety of methodological and theoretical lenses. It introduces the reader to a number of different ways of constructing and approaching the study of international economic law. The book deals with a series of different theoretical agendas and perspectives ranging from the more traditional (empirical legal studies) to the more alternative (language theory) and it expands the scope of substantive discussion and thematic coverage beyond the usual suspects of international trade, intern...
Natural Resources and Human Rights
Examining the role human rights can play in the regulation of natural resource management, this book shines light on the duties of states and private actors when exploiting natural resources and the procedural rights of affected citizens.
Investment Treaties and the Legal Imagination
This book brings a new perspective to the subject of international investment law, by tracing the origins of foreign investor rights. It shows how a group of business leaders, bankers, and lawyers in the mid-twentieth century paved the way for our current system of foreign investment relations, and the investor-state dispute settlement mechanism.
Research Handbook on Electronic Commerce Law
The steady growth of internet commerce over the past twenty years has given rise to a host of new legal issues in a broad range of fields. This authoritative Research Handbook comprises chapters by leading scholars which will provide a solid foundation for newcomers to the subject and also offer exciting new insights that will further the understanding of e-commerce experts. Key topics covered include: contracting, payments, intellectual property, extraterritorial enforcement, alternative dispute resolution, social media, consumer protection, network neutrality, online gambling, domain name governance, and privacy.
The UK After Brexit
Brexit : the relationship between the UK Parliament and the UK Goverment / Michael Gordan -- Devolution / Jo Hunt -- The 'Brexit' threat to the Northern Irish border : clarifying the constitutional framework / Michael Dougan Brexit and UK courts : awaiting fresh instruction / Thomas Horsley -- Brexit and employment law / Catherine Barnard -- UK environmental law post-Brexit / Veerle Heyvaert and Alekandra Cavoski -- Extracting the UK from EU financial services governance : regulatary recasting or shadowing from a distance? / Niamh Moloney -- Intellectual property law and the Brexit : a retreat or a reaffirmation of jurisdiction? / Luke McDonagh and Marc Mimler -- May we stay? assessing the security of residence for EU citizens living in the UK / Stephanie Reynolds -- Cross- border criminal cooperation after Brexit / Vasamis Mitsilegas -- Membership of the World Trade Organization / Gregory Messenger -- UK trade policy / Marise Cremona -- UK foreign investment protection policy post-Brexit / Mavulda a Sattorova -- Brexit and international peace and security : a crisis for crisis management? / Christian Henderson -- Brexit and relations between the EU and the UK / Paul Craig
Public Interests in International Investment Law
Are conflicts between the ‘old capitalists’ and ‘new money’ manifest in today’s economy? Are investment treaties, which have traditionally been used to protect capital exporting states, now beginning to cause unwelcome side effects for them? International investment law has long been held as an economic and political instrument in the regime of international investment, with international investment treaties having been concluded to protect foreign investment and investors for a substantial period of time. However, the emerging new economic powers from the Third World are causing this to change. Taking the unique perspective of environmental protection in host states against states’ obligations to protect and promote foreign investments under the existing international investment treaty practice and dispute settlement practices, this book examines this inescapable conflict. This is the first major work in this field to interpret investment treaty provisions by introducing environmental reflection. It offers proposals for rethinking and reshaping the current pro-investor international investment law through taking up broad environmental exceptions.
The International Law of Investment Claims
This book is a codification of the principles and rules relating to the prosecution of investment claims.
The International Law on Foreign Investment
This book is a thought-provoking and authoritative text on this fast moving field of international law.
