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Research Handbook on International Law and Environmental Peacebuilding
This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline.com. This incisive Research Handbook addresses the growing recognition within the international law community that natural resource governance and environmental protection are crucial aspects of peace processes, both as a security imperative and as an opportunity for peacebuilding. Examining the impact of international normative and institutional frameworks on environmental peacebuilding, this Research Handbook features contributions from distinguished experts and global case studies on integrated legal approaches to the governance of natural resources.
Constitutional Review and International Investment Law
The revival of interest in comparative constitutional studies, alongside the rise of legal limitations to state action due to investment treaty commitments, calls for a unique analysis of both investment law and comparative constitutional law. The unresolved tensions that arise between the two are only beginning to be addressed by judges. Are courts resisting these new international limitations on their constitutional space? Constitutional Review and International Investment Law: Deference or Defiance? pioneers this discussion by examining how a selection of the highest courts around the world have addressed this potential discord. A comparison of decisions in the US, Europe, Colombia, Indon...
Investment Protection Standards and the Rule of Law
This thoughtfully edited volume brings together leading scholars in the field to explore the relationship between the substantive standards of treatment contained in international investment agreements and the rule of law, which is developing into one of the key principles which both supporters and critics use to evaluate the investment treaty regime. Investment Protection Standards and the Rule of Law explores two perspectives. Firstly, it examines to what extent the substantive standards of treatment can be understood as expressions of the rule of law. Secondly, it addresses the rule-of-law problems, or rule-of-law lacunae, that exist in, or are created by, the application of these standards. The subject matter is advanced by combining doctrinal analysis of the core substantive treatment standards, as well as normative assessment of those standards from the perspective of the rule of law. This book also offers a critical discussion of the potential the rule of law has as a guidepost for structuring international investment relations, as well as its blind spots.
The EU Reexamined
Adopting an interdisciplinary approach, this book examines the experience of the European Union in bringing multiple sovereign nations under a common economic umbrella, and goes on to ask if the EU can serve as a blueprint for other regions that are striving for economic integration or if it is ‘too unique’ to be emulated. To this end, the book draws on contemporary and historical law and politics as well as economic analyses.
Research Handbook on Soft Law
This pioneering Research Handbook provides an in-depth scholarly overview of the field of soft law, exploring the scope of current thinking in the field as well as proposing future pathways for soft law research. Through theoretical and empirical analyses by established voices in the field, the Research Handbook offers important insights and much-needed clarity into the dynamic and complex nature of soft law. This title contains one or more Open Access chapters.
