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Eu Human Rights International Investment Law And Participation
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Book Synopsis Human Rights in International Investment Law and Arbitration by : Pierre-Marie Dupuy
Download or read book Human Rights in International Investment Law and Arbitration written by Pierre-Marie Dupuy and published by Oxford University Press. This book was released on 2009 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a growing interplay between international investment law, arbitration and human rights. This book offers a systematic analysis of this interaction, exploring the role of principles of justice in investment law, comparing investment arbitration with other courts, and examining case studies on human rights.
Book Synopsis EU Human Rights, International Investment Law and Participation by : Vivian Kube
Download or read book EU Human Rights, International Investment Law and Participation written by Vivian Kube and published by Springer. This book was released on 2019-08-02 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book demonstrates how human rights obligations of the EU foreign constitution can be operationalized in the realm of international economic regulation. The content is divided into three major parts. The first outlines the legal foundations needed for the EU to become a shaper of international investment law, which include the general principles and objectives of EU external policies, the Charter of Fundamental Rights, international human rights and the international investment competences of the EU. The second part demonstrates the current international investment regime’s incompatibility with human rights interests, while the third analyzes two mechanisms stemming from trade Law – ex-ante human rights impact assessments and civil society monitoring bodies – and explores whether they could mitigate the current inequalities in the protection of rights. The potential of these mechanisms, the book argues, lies in their capacity to ensure a comprehensive assessment of all interests at stake, and to empower traditionally marginalized rights-holders to make, shape and contest the international investment regime.
Book Synopsis Sustainable Development in EU Foreign Investment Law by : Stefanie Schacherer
Download or read book Sustainable Development in EU Foreign Investment Law written by Stefanie Schacherer and published by BRILL. This book was released on 2021-08-24 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sustainable Development in EU Foreign Investment Law offers a clear and convincing assessment of how the EU contributes to the ongoing debate on sustainable development integration in international investment agreements.
Book Synopsis Public Participation and Foreign Investment Law by : Eric de Brabandere
Download or read book Public Participation and Foreign Investment Law written by Eric de Brabandere and published by Nijhoff International Investme. This book was released on 2021 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Public Participation and Foreign Investment Law offers a systematic treatment of public participation from the standpoint of the three main sources of foreign investment law, namely treaties, legislation and contracts. It identifies and critically discusses the different forms of public participation that can be found or envisaged in foreign investment law. From this perspective, the book looks at public participation as vehicle to strike a balance between private and public rights and interests. This book contributes to the understanding of the current forms, level and impact of public participation. It provides indications on how such participation could be enhanced with a view of improving the balance and legitimacy of the legal instrument related to the promotion and protection of foreign investments"--
Book Synopsis International Investment Law by : Marc Bungenberg
Download or read book International Investment Law written by Marc Bungenberg and published by Hart Pub Limited. This book was released on 2014-11-30 with total page 2000 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment law is a subject of growing importance and complexity. Anyone interested in international investment law will appreciate the comprehensive, thoughtful and detailed exploration of this area which this distinguished group of German scholars have provided.
Book Synopsis Legal Sources in Business and Human Rights by : Martina Buscemi
Download or read book Legal Sources in Business and Human Rights written by Martina Buscemi and published by BRILL. This book was released on 2020-06-02 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis EU Law and International Investment Arbitration by : Michael De Boeck
Download or read book EU Law and International Investment Arbitration written by Michael De Boeck and published by Nijhoff Studies in European Un. This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU Law and International Investment Arbitrationthoroughly examines the compatibility of ISDS provisions in extra-EU BITs and the Energy Charter Treaty with the autonomy of EU law, and is a must read for all magistrates and investment practitioners involved in investment arbitrations in or with the EU, as well as for academics interested in the participation of the EU to international dispute resolution or the constitutional construction of the EU judicial system.
Book Synopsis Investor – State Arbitration and Human Rights by : Filip Balcerzak
Download or read book Investor – State Arbitration and Human Rights written by Filip Balcerzak and published by BRILL. This book was released on 2017-08-28 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Business and Human Rights by : Robert McCorquodale
Download or read book Business and Human Rights written by Robert McCorquodale and published by Oxford University Press. This book was released on 2024-01-09 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Business and Human Rights Law is a rapidly growing area of law, which has dramatically transformed many parts of international law. In this new volume in the Elements series, Robert McCorquodale explores how the responsibility for human rights abuses has transitioned from a purely state obligation to also being the responsibility of businesses. Business responsibility for human rights impacts have become subject both to legislation and to court decisions whenever their activities lead to human rights abuses anywhere in the world. This book shows the importance of the UN Guiding Principles on Business and Human Rights in these developments, and examines their influence on international, regional, and national law. It also analyses the changes on state obligations to protect human rights, on the corporate responsibility for human rights abuses, and on effective access to remedies for those adversely affected by business activities. Each of these shifts has consequences on core tenets of international law, such as sovereignty and jurisdiction, and has implications for crafting new international law in areas such as climate change and technology. Robert McCorquodale brings his decades of experience in scholarship and legal practice in business and human rights law, as well as his extensive engagement with businesses, governments, civil society, and international organisations, to bear on his understanding and analysis of this increasingly important field.
Book Synopsis Principles of International Investment Law by : Rudolf Dolzer
Download or read book Principles of International Investment Law written by Rudolf Dolzer and published by Oxford University Press. This book was released on 2022-01-13 with total page 582 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book outlines the principles behind the international law of foreign investment. The main focus is on the law governed by bilateral and multilateral investment treaties. It traces the purpose, context, and evolution of the clauses and provisions characteristic of contemporary investment treaties, and analyses the case law, interpreting the issues raised by standard clauses. Particular consideration is given to broad treaty-rules whose understanding in practice has mainly been shaped by their interpretation and application by international tribunals. In addition, the book introduces the dispute settlement mechanisms for enforcing investment law, outlining the operation of Investor-State arbitration. Combining a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals, this book offers an ideal introduction to the principles of international investment law and arbitration, for students, scholars, and practitioners alike.
Book Synopsis Transforming World Trade and Investment Law for Sustainable Development by : Ernst-Ulrich Petersmann
Download or read book Transforming World Trade and Investment Law for Sustainable Development written by Ernst-Ulrich Petersmann and published by Oxford University Press. This book was released on 2022 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transforming World Trade and Investment Law for Sustainable Development explains why the 2030 UN Sustainable Development Agenda for "Transforming our World"--aimed at realizing universal human rights and the17 agreed sustainable development goals (SDGs)--requires transforming the UN and WTO legal systems, as well as international investment law and adjudication. UN and WTO law protect regulatory competition between diverse neo-liberal, state-capitalist, European ordo-liberal, and developing countries' conceptions of multilevel trade and investment regulation. However, geopolitical rivalries and trade wars increasingly undermine transnational rule of law and effective regulation of market failures, governance, and constitutional failures. Protecting the WTO legal and dispute settlement system remains essential for SDGs such as climate change mitigation measures and access to medical supplies and vaccines in global health pandemics. Investment law and adjudication must better reconcile governmental duties to protect human rights and decarbonize economies with the property rights of foreign investors. The constitutional, human rights, and environmental litigation in Europe enhances the legal accountability of democratic governments for protecting sustainable development. However, European economic constitutionalism has been rejected by neoliberalism, China's authoritarian state-capitalism, and many developing countries' governments. The more that regional economic orders (like the China-led Belt and Road networks) reveal heterogeneity and power politics block UN and WTO reforms, the more the US-led neoliberal world order risks disintegrating. UN and WTO law must promote private-public network governance and civil society participation in order to stabilize and de-politicize multilevel governance that protects SDGs and global public goods.
Book Synopsis Beyond Human Rights by : Anne Peters
Download or read book Beyond Human Rights written by Anne Peters and published by Cambridge University Press. This book was released on 2016-10-27 with total page 645 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.
Book Synopsis Shifting Paradigms in International Investment Law by : Steffen Hindelang
Download or read book Shifting Paradigms in International Investment Law written by Steffen Hindelang and published by Oxford University Press. This book was released on 2016-01-22 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment law is in transition. Whereas the prevailing mindset has always been the protection of the economic interests of individual investors, new developments in international investment law have brought about a paradigm shift. There is now more than ever before an interest in a more inclusive, transparent, and public regime. Shifting Paradigms in International Investment Law addresses these changes against the background of the UNCTAD framework to reform investment treaties. The book analyses how the investment treaty regime has changed and how it ought to be changing to reconcile private property interests and the state's duty to regulate in the public interest. In doing so, the volume tracks attempts in international investment law to recalibrate itself towards a more balanced, less isolated, and increasingly diversified regime. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers.
Book Synopsis The Role of the EU in the Promotion of Human Rights and International Labour Standards in Its External Trade Relations by : Samantha Velluti
Download or read book The Role of the EU in the Promotion of Human Rights and International Labour Standards in Its External Trade Relations written by Samantha Velluti and published by Springer Nature. This book was released on 2020-10-12 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book represents a significant and timely contribution to the copious literature of the EU as a global actor providing new insights and fresh perspectives into the promotion of human rights and international labour standards in the EU’s external trade relations, building on and stimulating further – the already well-engaged – scientific dialogue on this area of research. In particular, it provides the basis for developing a new analytical structure for better understanding the role of the EU in promoting human rights and international labour standards in global trade and, in particular, for assessing the extent to which and how normative considerations have influenced the adoption of EU legal instruments and policy decisions. This book will appeal to research scholars, post-graduate students, practitioners and human rights activists.
Book Synopsis The Inherent Rights of Indigenous Peoples in International Law by : Antonietta Di Blase
Download or read book The Inherent Rights of Indigenous Peoples in International Law written by Antonietta Di Blase and published by Roma TrE-Press. This book was released on 2020-02-24 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book highlights the cogency and urgency of the protection of indigenous peoples and discusses crucial aspects of the international legal theory and practice relating to their rights. These rights are not established by states; rather, they are inherent to indigenous peoples because of their human dignity, historical continuity, cultural distinctiveness, and connection to the lands where they have lived from time immemorial. In the past decades, a new awareness of the importance of indigenous rights has emerged at the international level. UN organs have adopted specific international law instruments that protect indigenous peoples. Nonetheless, concerns persist because of continued widespread breaches of such rights. Stemming from a number of seminars organised at the Law Department of the University of Roma Tre, the volume includes contributions by distinguished scholars and practitioners. It is divided into three parts. Part I introduces the main themes and challenges to be addressed, considering the debate on self-determination of indigenous peoples and the theoretical origins of ‘indigenous sovereignty’. Parts II and III explore the protection of indigenous peoples afforded under the international law rules on human rights and investments respectively. Not only do the contributors to this book critically assess the current international legal framework, but they also suggest ways and methods to utilize such legal instruments towards the protection, promotion and fulfi lment of indigenous peoples’ rights, to contribute to the maintenance of peace and the pursuit of justice in international relations. DOI: 10.13134/978-88-32136-92-0
Book Synopsis The Routledge Handbook on Extraterritorial Human Rights Obligations by : Mark Gibney
Download or read book The Routledge Handbook on Extraterritorial Human Rights Obligations written by Mark Gibney and published by Routledge. This book was released on 2021-12-24 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Routledge Handbook on Extraterritorial Human Rights Obligations brings international scholarship on transnational human rights obligations into a comprehensive and wide-ranging volume. Each chapter combines a thorough analysis of a particular issue area and provides a forward-looking perspective of how extraterritorial human rights obligations (ETOs) might come to be more fully recognized, outlining shortcomings but also best state practices. It builds insights gained from state practice to identify gaps in the literature and points to future avenues of inquiry. The Handbook is organized into seven thematic parts: conceptualization and theoretical foundations; enforcement; migration and refugee protection; financial assistance and sanctions; finance, investment and trade; peace and security; and environment. Chapters summarize the cutting edge of current knowledge on key topics as leading experts critically reflect on ETOs, and, where appropriate, engage with the Maastricht Principles to critically evaluate their value 10 years after their adoption. The Routledge Handbook on Extraterritorial Human Rights Obligations is an authoritative and essential reference text for scholars and students of human rights and human rights law, and more broadly, of international law and international relations as well as to those working in international economic law, development studies, peace and conflict studies, environmental law and migration. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license
Book Synopsis Research Handbook on General Principles in EU Law by : Ziegler, Katja S.
Download or read book Research Handbook on General Principles in EU Law written by Ziegler, Katja S. and published by Edward Elgar Publishing. This book was released on 2022-04-22 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Research Handbook offers a comprehensive study of existing and emerging general principles of EU law by scholars from a wide range of expertise in EU law, international law, legal theory and different areas of substantive law. It explores the theory, content, role and function of general principles in EU law to better understand general principles as a mechanism for the substantive openness of the EU legal order as well as for cross-fertilization and coherence of legal orders. Their potential as a tool to manage the interaction of legal regimes and orders is a particular focal point and will make this Handbook a must-read for scholars of EU Law.
