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Corporate Environmental Responsibility in Investor-State Dispute Settlement
Explores the 'unexhausted' potential in current investor-state dispute settlement mechanisms to advance investors' responsibility for their conduct.
The Asian Turn in Foreign Investment
Critically discusses the increasing significance of Asian States in the field of international investment law and policy. Contains analyses of national investment law rule-making in Asia, contributions of Asian States on cutting-edge developments to the global community, and contemplates future possibilities for investor-State dispute settlement.
Counterclaims in Investment Arbitration
Foreign investors benefit from investment protection standards in international investment law which are enforceable in investment arbitration. However, international law does not directly bind foreign investors and investment arbitration struggles to address foreign investor misconduct. Thus, host States cannot easily claim against foreign investors for breaches of international law in investment arbitration. In Counterclaims in Investment Arbitration, Edward Guntrip illustrates how host States can use counterclaim procedures in investment arbitration to hold foreign investors accountable for misconduct that breaches international law. Based on arbitral practice, the book sets out how host States can amend their State practice and litigation strategies to enhance the effectiveness of counterclaim procedures and assesses when host States should take this course of action.
Rethinking International Law and Justice
General principles of law have made, and are likely further to make, a significant contribution to our understanding of the constituent elements of global justice. Dealing extensively with global headline issues of peace, security and justice, this book explores justice arising in specific areas of international law, as well as underlying theories of justice from political science and international relations. With contributions from leading academics and practitioners, the book adopts an interdisciplinary approach. Covering issues such as international humanitarian law, and examining the significance of non-state actors for the development of international law, the collection concludes with the complex question of how best to rethink aspects of international justice. The lessons derived from this research will have wide implications for both developed and emerging nation-states in rethinking sensitive issues of international law and justice. As such, this book will be of interest to academics and practitioners interested in international law, environmental law, human rights, ethics, international relations and political theory.
China’s Foreign Investment Legal Regime
Yawen Zheng evaluates China’s foreign investment legal regime’s guiding of its two-way investments towards the country’s development goals: building technological capacity, deepening integration into the global economy, promoting green development, protecting security, and participating in global economic governance and rule-making.
Legal Sources in Business and Human Rights
Legal Sources in Business and Human Rights engages with some evolving trends that are currently affecting the international and EU law sources in the field of Business and Human Rights. Three main dynamics are detected and explored: the emergence of international legal obligations that are also binding on corporations (Part I); the growing participation of corporations in traditional international standard-setting and law-making processes and, in parallel, the emergence of atypical and heterogeneous law-making processes (Part II); the formal or substantive hardening of originally soft normative standards, through a multi-layered and multi-player law-making process (Part III). Interestingly, these trends concur to mitigate States’ reluctance to accept binding rules in this field, and to strengthen the effectiveness of soft international regulation.
International Economic Law and Governance
Celebrating the work of Mitsuo Matsuhita, this volume focuses on dispute resolution and the law and politics of the World Trade Organization, offering a critical and scholarly analysis of the current and future state of international economic governance.
International Investor Obligations
Das internationale Investitionsschutzrecht steht seit Jahren in der Kritik: Genießen Investoren internationale Rechte ohne korrespondierende Verantwortlichkeit? Dieses Buch stellt diese Sicht infrage. Vielmehr lassen sich der Vertrags- und Schiedspraxis bereits heute Investorenpflichten entnehmen, die das Buch normtheoretisch als direkte und indirekte Pflichten erschließt. Diese verpflichten Investoren etwa auf Menschenrechte und Umweltschutz. Sie sind potentiell geeignet, das Rechtsgebiet verstärkt auf das Ziel nachhaltiger Entwicklung auszurichten und Investorenverhalten international zu regulieren. Das Buch stellt diese Entwicklung in den allgemeineren Kontext der seit 1945 stattfindenden Individualisierung des Völkerrechts.
Legitimacy of Unseen Actors in International Adjudication
Investigates the legitimacy of 'unseen actors' (e.g. registries, experts) through an enquiry into international courts' and tribunals' composition and practice.
