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International Investment Law and Arbitration from a Latin American Perspective
Zusammenfassung: The book brings to light how Latin American states have traditionally stood before the field of International Investment Law and Arbitration. It delves into their posture of resistance to critically examine how their perspective has gradually changed and how they have adapted and molded their investment agreements so as not to leave their position as players in the field of International Investment Law. Many Latin American states have appeared as defendants before international investment tribunals and some of these, like Venezuela, Bolivia or Ecuador, have denounced their international investment agreements. Deeming the law field as imbalanced, they have looked for alternat...
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...
Protecting Forest and Marine Biodiversity
This timely book contributes to discussions on the best legal practices to use to promote conservation, protection and sustainable use of biological diversity in forest and marine areas. The breadth of issues explored across these two themes is immense, and the book identifies both key differences, and striking commonalities between them.
Environmental Protection and Sustainable Development from Rio to Rio+20
The Challenges of Environmental Protection and Sustainable Development from Rio to Rio+20 and Beyond is an innovative and original book which addresses in an analytical and critical way the issues raised by Rio+20. Its content offers a wealth of information from world leading experts in the fields of international law, international environmental law and international health law. The book provides a unique insight in issues which are at the core of the contemporary management of social, environmental and economic questions and thus represents a very important contribution to our further understanding of the concept of sustainable development. It is aimed at a global audience and at anybody i...
The Role of Institutions
We live in a world of inequalities. Every day, people are born to intensely degrading realities that curb their opportunities of success and perpetrate a vicious cycle of poverty. "The Role of Institutions: Devising Mechanisms for an Inclusive World" explores how the institutional framework contributes to the maintenance or reduction of such inequalities, analyzing the impacts – both positive and negative – of existing institutions in specific scenarios. Each of the eight articles approaches a pressing theme of the international agenda – including rule of law; fiscal responsibility; health conditions in refugees' camps; disaster risk management; labor standards; gender-based structural violence; nuclear weapons control; and state failure –, analyzing the role institutions play on the definition of the fate of countries and their citizens.
Governing Marine Living Resources in the Polar Regions
Bringing together leading scholars from across a diverse range of disciplines, this unique book examines a key question: How can we best conserve marine living resources in the polar regions, where climate change effects and human activities are particularly pressing?
Mediation in International Commercial and Investment Disputes
Until now, the resoluton of international commercial and investment disputes has been dominated almost exclusively by international arbitration. But international mediation and conciliation are now coming to the fore. This book brings together a line-up of highly-qualified experts to address this topical, complex subject from a variety of angles.
Reconceptualizing International Investment Law from the Global South
This book shows how the reform in investment regulation contributes to a broader attempt to transform the international economic order.
Biodiversity Litigation
Biodiversity is in accelerated decline and urgent action is needed. In 2020, the Strategic Plan for Biodiversity ended, and none of its Aichi Targets were met. Despite the legally disappointing situation on a global level, the role of national courts in adjudicating climate change litigation is showing potential for effective mitigation and adaptation, and judges have become key actors in linking internationally agreed goals with tangible national commitments to mitigate climate change. Can this pursuit of globally agreed goals at a local level be transposed and lead a similar trend for biodiversity governance? This edited collection gives readers an overview of the shape and reach of biodiv...
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. .
