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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 WTO and International Investment Law
Jürgen Kurtz provides a theoretically grounded and doctrinally tractable framework to understand the relationship between international trade and investment law.
The Roles of International Law in Development
The Roles of International Law in Development provides an in-depth analysis of the relationship between public international law and development. Unlike the existing body of literature on public international law, this book investigates how international law and development interact, and evaluates how significant a role international law plays in development. Bringing together a collection of perspectives from contributors working across multiple development fields, the chapters explore the relevance and applicability of international law to particular sectors and issues implicated in development activities. They analyse how international law rules and processes can influence procedural and ...
The Law and Practice of Global ICT Standardization
This book presents a first comprehensive effort to explore the mechanics and fundamentals of global ICT standardization. It offers a comprehensive study of legal rules governing ICT standardization; systematically analyses governance and institutional features of some most prominent Standards Development Organizations; and presents qualitative empirical evidence on implementation of these rules in practice. By evaluating legal and procedural rules in light of current practices and tendencies in the industry, the book explores various options available for disciplining ICT standardization from the viewpoint of the applicable legislation, judiciary, and internal governance rules of Standards Development Organizations and offers practical solutions on how to increase the legitimacy of ICT standards. Adding to the previous theoretical approach to the field of standardization from historical, legal and political science perspective, this book applies theoretical considerations to unexplored scenarios, offering a holistic picture of ICT standardization and providing a novel contribution to the field.
Global Pandemics and International Law
This book reviews the efficacy of Global Health Law, assessing why its legal framework based on the International Health Regulations did not represent a valid tool in the containment of modern global pandemics such as COVID-19. The book provides an introduction to the international legal framework surrounding epidemics and pandemics and the main global governance issues that have been generated by the COVID-19 outbreak. It highlights the main shortcomings of Global Health Law, while also including practical proposals to improve the WHO’s mechanism to prevent and respond to future disease outbreaks, such as the New Pandemic Treaty. Emphasis is placed on what has not worked in the internatio...
The Law, Economics and Politics of International Standardisation
This book examines the foundations of international standard-setting from a multidisciplinary perspective.
Sovereign Debt and Socio-Economic Rights Beyond Crisis
Argues that the 'neoliberalisation' of international and EU law has been advanced in the wake of the Eurozone debt crisis.
Investor – State Arbitration and Human Rights
In Investor – state arbitration and human rights Filip Balcerzak examines the interrelations between human rights and international investment law. The work discusses whether, and how, human rights arguments may be presented in the course of arbitral proceedings based on investment treaties. The work identifies three model situations, derived from existing arbitral jurisprudence, which provide the backdrop and methodological tool underpinning the book’s legal analysis. The work considers the perspectives of both host states and investors and analyzes all stages of arbitral proceedings – jurisdiction, admissibility, merits, compensation and costs – to determine the potential impact of human rights on the outcome of proceedings.
Non-Discrimination and the Role of Regulatory Purpose in International Trade and Investment Law
Central to this book is an analysis of the obligation upon states to ensure non-discrimination in the form of adherence to the principles of national treatment and most-favoured nation treatment. These are critical principles for both international trade law and international investment law, yet the case-law in both fields reveals significant inconsistencies regarding key elements of non-discrimination. Tribunals have invoked ‘regulatory purpose’ to assist in identifying relevant discrimination, but have done so without offering a definition of regulatory purpose and in significantly differing ways. This book explains these inconsistencies and offers a new definition of regulatory purpose.
Preferential Services Liberation
An in-depth analysis of the legal criteria that the WTO sets for preferential trade agreements in the area of services.
