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Droits De Linvestisseur Etranger Et Protection De Lenvironnement
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Book Synopsis Droits de l'investisseur étranger et protection de l'environnement by : Sabrina Robert-Cuendet
Download or read book Droits de l'investisseur étranger et protection de l'environnement written by Sabrina Robert-Cuendet and published by BRILL. This book was released on 2010-05-12 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: Consacré à la définition controversée de l’expropriation indirecte en droit international, cet ouvrage, à travers l’exemple des réglementations environnementales, offre une analyse complète de la question et propose une lecture innovante des principes applicables à la protection des investisseurs étrangers. Drawing on the controversial definition of indirect expropriation in international law, this book, through the example of environmental regulation, provides a comprehensive analysis of this topic and offers an innovative rereading of principles applicable to the protection of foreign investors.
Book Synopsis Protection de l'environnement et investissement étranger by : Sabrina Robert-Cuendet
Download or read book Protection de l'environnement et investissement étranger written by Sabrina Robert-Cuendet and published by . This book was released on 2008 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Les accords de promotion et de protection de l'investissement étranger protègent les investisseurs étrangers contre toute forme d'expropriation, y compris les dépossessions qui peuvent intervenir par le biais de mesures destinées à la réglementation des activités des opérateurs installés sur le territoire de l'Etat. Cette protection est si étendue qu'une mesure de réglementation adoptée dans le but de protéger l'environnement peut donner lieu à une indemnisation si l'investisseur étranger parvient à prouver que la mesure litigieuse a totalement anéanti l'utilité économique de son investissement. C'est cette approche objective - focalisée sur la gravité de l'atteinte subie par l'investisseur et indifférente aux circonstances d'adoption de la mesure - qui semble prévaloir dans le contentieux de l'expropriation indirecte. Cependant, peu à peu, une autre mouvance tend à s'imposer qui ne permet de qualifier une mesure de réglementation d'expropriation que s'il apparaît qu'elle est déraisonnable. L'analyse, plus subjective, se concentre sur les aspects quahtatifs de la mesure litigieuse: son caractère arbitraire, discriminatoire ou encore injuste ou inéquitable. Si une mesure de réglementation environnementale doit donner lieu à une indemnisation, c'est alors sur le fondement des règles relatives à la responsabilité internationale de l'Etat. L'objet de cette étude est de démontrer que cette seconde approche doit prévaloir, afin d'assurer à l'Etat hôte de n'être jamais empêché de réglementer légitimement les activités sur son territoire, dans le but de protéger l'environnement.
Book Synopsis Compensation for Damage in International Investment Arbitration by : Mikael Ouaniche
Download or read book Compensation for Damage in International Investment Arbitration written by Mikael Ouaniche and published by Bruylant. This book was released on 2022-09-09 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first to combine a legal and an economic approach to the violation of international investment law and the evaluation of their financial consequences. It is intended for arbitrators, lawyers, legal experts and financial experts. It will also be useful for academics who study this issue, which crosses disciplinary lines. The cross-disciplinary approach proposed by Mikael Ouaniche and Stéphane Prigent in this original work reflects the dual nature of the debates that irrigate the practice of State-investor arbitration, through a rigorous analysis of arbitral case law. As Laurent Jaeger, President of the French Arbitration Committee, who prefaced the book, says: “Lawyers and arbitrators will be able to improve their understanding of economic and financial valuation methods; experts will be able to improve their understanding of the underlying legal mechanisms. [...] It took all the experience and talent of Mikael Ouaniche and Stéphane Prigent to marry law, economics and finance so harmoniously”.
Book Synopsis Mineral Resource Economy 2 by : Floriant Fizaine
Download or read book Mineral Resource Economy 2 written by Floriant Fizaine and published by John Wiley & Sons. This book was released on 2022-01-26 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: The challenges associated with the environmental impact of renewable energies are formidable and multiple. The exploitation of diffuse forms of energy will require us to reshape our lifestyles and infrastructures. Reducing their environmental impact is imperative and requires the mobilization of all available levers of action. Beyond the analysis of these challenges, this book presents an overview of the levers of action that should allow us to meet them, by crossing the fields of the human sciences, geosciences and engineering. The levers of action examined are both technical (through the substitution or use of low technology) and economic and social (through the development of recycling or decoupling). The book also addresses the question of their effectiveness and their overall impact.
Book Synopsis Comoros Taxation Laws and Regulations Handbook by : IBP USA
Download or read book Comoros Taxation Laws and Regulations Handbook written by IBP USA and published by Lulu.com. This book was released on 2008-03-03 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2011 Updated Reprint. Updated Annually. Comoros Taxation Laws and Regulations Handbook
Book Synopsis International Protection of Investments by : August Reinisch
Download or read book International Protection of Investments written by August Reinisch and published by Cambridge University Press. This book was released on 2020-07-16 with total page 1633 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book outlines the protection standards typically contained in international investment agreements as they are actually applied and interpreted by investment tribunals. It thus provides a basis for analysis, criticism, and stocktaking of the existing system of investment arbitration. It covers all main protection standards, such as expropriation, fair and equitable treatment, full protection and security, the non-discrimination standards of national treatment and MFN, the prohibition of unreasonable and discriminatory measures, umbrella clauses and transfer guarantees. These standards are covered in separate chapters providing an overview of textual variations, explaining the origin of the standards and analysing the main conceptual issues as developed by investment tribunals. Relevant cases with quotations that illustrate how tribunals have relied upon the standards are presented in depth. An extensive bibliography guides the reader to more specific aspects of each investment standard permitting the book's use as a commentary of the main investment protection standards.
Book Synopsis Comoros Mining Laws and Regulations Handbook Volume 1 Strategic Information and Basic Law by : IBP, Inc.
Download or read book Comoros Mining Laws and Regulations Handbook Volume 1 Strategic Information and Basic Law written by IBP, Inc. and published by Lulu.com. This book was released on 2008-03-03 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comoros Mining Laws and Regulations Handbook
Book Synopsis Charting the Water Regulatory Future by : Julien Chaisse
Download or read book Charting the Water Regulatory Future written by Julien Chaisse and published by Edward Elgar Publishing. This book was released on 2017-01-27 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about the issues, challenges and directions currently faced by water as a key resource for mankind. The book aims at providing a finer understanding of the water regulatory future. The contributions in this book are grouped around specific themes. In Part I, the contributions address the water challenge to public international law. In Part II, the authors explore the most pressing ethical, legal, and social issues. In Part III, the discussion covers the economic drivers shaping the future of water.
Book Synopsis Indirect Expropriation in International Law by : Sebastián López Escarcena
Download or read book Indirect Expropriation in International Law written by Sebastián López Escarcena and published by Edward Elgar Publishing. This book was released on 2014-02-28 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: When does a state measure become subject to compensation as an indirect expropriation under international law? The author examines claims of indirect takings from such fora as the Iran-United States Claims Tribunal, the European Court of Human Rights, and arbitral panels in investment treaty arbitrations.
Book Synopsis Research Handbook on Environment and Investment Law by : Kate Miles
Download or read book Research Handbook on Environment and Investment Law written by Kate Miles and published by Edward Elgar Publishing. This book was released on 2019 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Research Handbook on Environment and Investment Law examines one of the most dynamic areas of international law: the interaction between international investment law and environmental law and policy. The Research Handbook takes a thematic approach, analysing key issues in the environment–investment nexus, such as freshwater resources, climate, biodiversity, biotechnology and sustainable development. It also includes sections which explore regional experiences and address practice and procedure, and offers innovative approaches and critical perspectives, including the interface between foreign investment and the environment with human rights, gender, indigenous peoples, and economics.
Book Synopsis The Right to Regulate in International Investment Law by : Catharine Titi
Download or read book The Right to Regulate in International Investment Law written by Catharine Titi and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the inception of the international investment law system, investment promotion and protection have been the raison d'être of investment treaties and states have confined their policy space in order to attract foreign investment and protect their investors abroad. Languishing in relative obscurity until recently, the right to regulate has gradually come to the spotlight as a key component of negotiations on new generation investment agreements around the globe. States and regional organisations, including, notably, the European Union and the United States, have started to examine ways in which to safeguard their regulatory power and guide - and delimit - the interpretive power of arbitral tribunals, by reserving their right to pursue specific public policy objectives. The monograph explores the status quo of the right to regulate, in order to offer an appraisal and a reference tool for treatymakers, thus contributing to a better understanding of the concept and the broader discourse on how to enhance the investment law system's legitimacy.
Book Synopsis Foreign Investment and the Environment in International Law by : Jorge E. Viñuales
Download or read book Foreign Investment and the Environment in International Law written by Jorge E. Viñuales and published by Cambridge University Press. This book was released on 2012-09-13 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conflicts between foreign investment law and environmental law are becoming increasingly frequent. On the one hand, the rise of environmental regulation poses significant challenges to foreign investors in several industries. On the other, the surge in investment arbitration proceedings is making States aware of the important litigation risks that may result from the adoption of environmental regulation. This study of the relationship between these two areas of law adopts both a policy and a practical perspective. It identifies the major challenges facing States, foreign investors and their legal advisers as a result of the potential friction between investment law and environmental law and provides a detailed analysis of all the major legal issues on the basis of a comprehensive study of the jurisprudence from investment tribunals, human rights courts and bodies, the ICJ, the WTO, the ITLOS, the CJEU and other adjudication mechanisms.
Book Synopsis Foreign Investment, International Law and Common Concerns by : Tullio Treves
Download or read book Foreign Investment, International Law and Common Concerns written by Tullio Treves and published by Routledge. This book was released on 2013-10-23 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: Increasingly, transnational corporations, developed countries and private actors are broadening the boundaries of their investments into new territories, in search of a higher return on capital. This growth in direct foreign investment involves serious concerns for both the investor and host state. Various exponents of international civil society and non-governmental organisations persuasively claim that such growth in foreign investments constitutes potential and serious hazards both to the environment and the fundamental rights and freedoms of local populations. This book explores from an international law perspective the complex relationship between foreign investments and common concerns, i.e. values that do not coincide, or do not necessarily coincide, with the interests of the investor and of the host state. It pays particular attention to the role of the main international development banks in reconciling the needs of foreign investors with the protection of common concerns, such as the environment, human rights and labour rights. Among its collection of essays, the volume asks how much "regulatory space" investment law leaves; whether international investment law is an effective means of balancing contrasting interests, and whether investment arbitration currently constitutes a mechanism of global governance. In collecting the outlooks of various experts in human rights, environmental and international economic law, this book breaks new ground in exploring how attention to its legal aspects may help in navigating the relationship between foreign investment and common concerns. In doing so, the book provides valuable insights into the substantive issues and institutional aspects of international investment law.
Book Synopsis Research Handbook on Foreign Direct Investment by : Markus Krajewski
Download or read book Research Handbook on Foreign Direct Investment written by Markus Krajewski and published by Edward Elgar Publishing. This book was released on 2019 with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt: Increasing international investment, the proliferation of international investment agreements, domestic legislation, and investor-State contracts have contributed to the development of a new field of international law that defines obligations between host states and foreign investors with investor-State dispute settlement. This involves not only vast sums, but also a panoply of rights, duties, and shifting objectives at the juncture of national and international law and policy. This engaging Research Handbook provides an authoritative account of these diverse investment law issues.
Book Synopsis International Environmental Law by : Pierre-Marie Dupuy
Download or read book International Environmental Law written by Pierre-Marie Dupuy and published by Cambridge University Press. This book was released on 2015-04-23 with total page 517 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook provides a concise, conceptually clear, and legally rigorous introduction to contemporary international environmental law and practice. Written in an accessible style, the book covers all the major multilateral environmental agreements, paying particular attention to their underlying structure, their main legal provisions, and their practical operation. The material is structured into four sections: (I) Foundations, (II) Substantive regulation, (III) Implementation, and (IV) International environmental law as a perspective. The presentation of the material blends policy and legal analysis and makes extensive reference to the relevant treaties, instruments and jurisprudence. All chapters include a detailed bibliography along with numerous figures to summarise the main components of the regulation. It covers emerging topics such as foreign investment and the environment, environmental migration, climate change and human rights, technology diffusion, and environmental security in post-conflict settings.
Book Synopsis African Human Rights Yearbook Volume 4 2020 by :
Download or read book African Human Rights Yearbook Volume 4 2020 written by and published by Pretoria University Law Press. This book was released on 2020-01-01 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: The three institutions making up the African regional human rights system, the African Court on Human and Peoples’ Rights, the African Commission on Human and Peoples’ Rights, and the African Committee of Experts on the Rights and Welfare of the Child, decided to jointly publish the African Human Rights Yearbook, to spearhead studies on the promotion and protection of human rights, and to provide a forum for constructive engagement about the African human rights system with academics and other human rights commentators on the continent. Volume 4 of the Yearbook, published in 2020, contains 24 contributions by scholars from Africa and beyond. Les trois institutions qui composent le système régional africain des droits de l’homme, la Cour africaine des droits de l’homme et des peuples, la Commission africaine des droits de l’homme et des peuples et le Comité africain d’experts sur les droits et le bien-être de l’enfant ont décidé de publier conjointement l’Annuaire africain des droits de l’homme pour encourager les études sur la promotion et la protection des droits de l’homme et offrir un forum d’interaction constructive sur le système avec les universitaires et observateurs du continent. Le Volume 4 de l’Annuaire, publié en 2020, contient 24 contributions de chercheurs du continent et d’ailleurs.
Book Synopsis International Dispute Settlement: Room for Innovations? by : Rüdiger Wolfrum
Download or read book International Dispute Settlement: Room for Innovations? written by Rüdiger Wolfrum and published by Springer Science & Business Media. This book was released on 2012-12-20 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication succeeds previously published seminars of the Max Planck Institute for Comparative Public Law and International Law (Heidelberg, Germany) dealing with evolving principles and new developments in international law. Due to the limits of traditional dispute settlement in international law and the ongoing scholarly debate on those limits, it focuses on possible innovations and functional approaches to improve international dispute settlement mechanisms. In doing so, it covers a wide variety of topics such as procedures of the WTO, advisory opinions of international courts and tribunals, the privatization of international dispute settlement, the interaction between counsels and international courts and tribunals, and the law-making function of international courts. The aim of this publication is to contribute to the cross-fertilization between these mechanisms and to offer creative impulses for the promotion of international dispute settlement.
