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Investment Laws Alibis
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Book Synopsis Investment Law's Alibis by : David Schneiderman
Download or read book Investment Law's Alibis written by David Schneiderman and published by Cambridge University Press. This book was released on 2022-08-04 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to connect narratives associated with the past to the international regime that protects property and contract rights of foreign investors. The book scrutinizes justifications offered to sustain practices associated with colonialism, imperialism, civilized justice, debt, and development, revealing that a number of the rationales offered in support of investment law disciplines replicate those arising out of this discredited past. By revealing these linkages, the book raises concerns about investment law's premises. It would appear that the normative foundations for today's regime reproduces discursive practices that are less than compelling. The book argues that citizens deserve something more than historically discredited reasons to justify the exercise of power over them – something more than mere pretext.
Book Synopsis Africa's International Investment Law Regimes by : Won Kidane
Download or read book Africa's International Investment Law Regimes written by Won Kidane and published by Oxford University Press. This book was released on 2023 with total page 657 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Decolonization restored African states' sovereign independence. The post-colonial period was, however, characterized by major economic disruptions that resulted in chronically weakened economies. The newly independent African states faced a profound dilemma between economic liberalization and openness on the one hand, and the maintenance of regulatory autonomy on the other. Confronted with unrelenting poverty and inadequate infrastructure, African states needed direct foreign investment to boost their economies. However, most foreign investors were cautious about investing in African countries due to the perceived lack of clear and predictable legal regimes necessary to protect foreign investments from expropriation and other forms of harm"--
Book Synopsis Constitutional Review and International Investment Law by : David Schneiderman
Download or read book Constitutional Review and International Investment Law written by David Schneiderman and published by Oxford University Press. This book was released on 2024-04-25 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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, Indonesia, Israel, and elsewhere reveals that, rather than issuing declarations of constitutional incompatibility, courts are more likely to respond to constitutional tensions indirectly. Their rulings adopt stances that range from hard deference (such as the Peruvian Constitutional Court viewing constitutional law and investment law as entirely compatible) to soft defiance (for example the Colombian Constitutional Court requiring only modest renegotiation of some treaty terms so that they are constitutionally compliant). Readers learn that judges are not aiming to undermine the investment law regime but are seeking to mitigate constitutional collision.
Book Synopsis The Effects of Armed Conflict on Investment Treaties by : Tobias Ackermann
Download or read book The Effects of Armed Conflict on Investment Treaties written by Tobias Ackermann and published by Cambridge University Press. This book was released on 2022-08-25 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the multi-faceted impact armed conflict has on investment treaties. Refuting the common association of the outbreak of hostilities with the termination or suspension of treaties, it not only makes a case for the continuity of investment treaties. The book argues that the impact of armed conflict on such agreements goes far beyond these questions: Changed factual circumstances and public interests as well as international humanitarian law heavily influence the application and interpretation of investment protection standards. The book argues that investment treaties can and must channel these effects to remain effective during armed conflict and strike a fair balance between investor and public interests. It shows ways in which contextual and systemic interpretation, respect for reasonable state action, and careful treaty design can ensure that investment treaties continue to fulfil their purpose of strengthening compliance with legal rules also in times of armed conflict.
Book Synopsis Making the World Safe for Investment by : Andrea Leiter
Download or read book Making the World Safe for Investment written by Andrea Leiter and published by Cambridge University Press. This book was released on 2023-03-02 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: Western governments, companies, economists and lawyers established the international legal order now known as international investment law to protect foreign property from a redistribution of wealth through domestic law making. This book offers a pre-history of these legal arrangements, focusing on the time before 1959 and the ratification of the first bilateral investment treaty and the ICSID Convention. It introduces new archival material, such as arbitral awards, diplomatic notes and concession agreements, as well as scholarly writings pertaining to developments in these proceedings. These materials are systematised into a coherent argument on the protection of foreign property. The book develops the important role of concession agreements and their internationalisation for the making of international investment law, thereby insisting on the private law character of the foundations of the field. In doing so it displays the analytic force of viewing law as jurisdictional practice, rather than as a system of norms.
Book Synopsis Reciprocity in Public International Law by : Arianna Whelan
Download or read book Reciprocity in Public International Law written by Arianna Whelan and published by Cambridge University Press. This book was released on 2023-03-02 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a common perception of reciprocity as a concept that is opposed to the communitarian interests that characterise contemporary international law, or merely a way of denoting reactions to unfriendly or wrongful conduct. This book disputes this approach, and highlights how reciprocity is instead linked to the structural characteristic of sovereign equality of States in international law. This book carries out an in-depth analysis of the concept of reciprocity and the elements that characterise it, before examining the various roles and articulations of reciprocity in a number of fields of public international law: the law of treaties, the treatment of individuals, the execution of international law, and the jurisdiction of international courts and tribunals. In all these areas, it analyses both more traditional and more contemporary examples, to demonstrate how reciprocity is closely linked to the very structure of public international law.
Book Synopsis The Everyday Makers of International Law by : Tommaso Soave
Download or read book The Everyday Makers of International Law written by Tommaso Soave and published by Cambridge University Press. This book was released on 2022-11-30 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part essay, part novel, this book reveals how international courts produce their judgments and what invisible actors shape their decisions.
Book Synopsis Collective Self-Defence in International Law by : James A. Green
Download or read book Collective Self-Defence in International Law written by James A. Green and published by Cambridge University Press. This book was released on 2024-01-25 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the conceptual nature of collective self-defence in international law, the requirements for its operation, and how they apply.
Book Synopsis Drones and International Law by : Rebecca Mignot-Mahdavi
Download or read book Drones and International Law written by Rebecca Mignot-Mahdavi and published by Cambridge University Press. This book was released on 2023-05-31 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: The technological characteristics of drones, together with the law, have been instrumental in expanding warfare in time and space in the counter-terrorism context.
Book Synopsis A Communitarian Theory of WTO Law by : Chios Carmody
Download or read book A Communitarian Theory of WTO Law written by Chios Carmody and published by Cambridge University Press. This book was released on 2023-12-31 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: The interdependence promoted by the WTO Agreement has exposed a number of critical vulnerabilities, leading to accusations that the treaty is unjust. This book offers a theory of WTO law which explains why the justice of the WTO Agreement needs to be understood on its own terms.
Book Synopsis International Law-Making by the International Court of Justice and International Law Commission by : Omri Sender
Download or read book International Law-Making by the International Court of Justice and International Law Commission written by Omri Sender and published by Cambridge University Press. This book was released on 2024-06-30 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an unparalleled account of the relationship between two central organs of the international legal order and its impact.
Book Synopsis The International Law of Sovereign Debt Dispute Settlement by : Kei Nakajima
Download or read book The International Law of Sovereign Debt Dispute Settlement written by Kei Nakajima and published by Cambridge University Press. This book was released on 2022-09-22 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book fills the normative gap arising from the absence of a multilateral mechanism for sovereign debt restructuring.
Book Synopsis Who Owns Outer Space? by : Michael Byers
Download or read book Who Owns Outer Space? written by Michael Byers and published by Cambridge University Press. This book was released on 2023-04-30 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the environmental, safety, and security challenges facing humanity's rapid expansion into Space and proposes actionable solutions.
Book Synopsis Demystifying Treaty Interpretation by : Andrea Bianchi
Download or read book Demystifying Treaty Interpretation written by Andrea Bianchi and published by Cambridge University Press. This book was released on 2024-03-14 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Will appeal to scholars, practitioners and general readers engaging with treaty interpretation at all levels and will enhance the reader's knowledge and mastery of the interpretive process. It will shed light on all those relevant elements and/or connections that the traditional rule-based approach to treaty interpretation largely overlooks.
Book Synopsis Virtue in Global Governance by : Jan Klabbers
Download or read book Virtue in Global Governance written by Jan Klabbers and published by Cambridge University Press. This book was released on 2022-08-11 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Virtue in Global Governance offers a framework and vocabulary for discussing the virtues in international affairs.
Book Synopsis The Rebirth of Territory by : Gail Lythgoe
Download or read book The Rebirth of Territory written by Gail Lythgoe and published by . This book was released on 2024-03-06 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of territory is central in international law, but a detailed analysis of how the concept is used in both discourse and practice has been lacking until now. Rather than reproducing the established understanding of territoriality within the international legal order, this study suggests that the discipline of international law relies on an outmoded spatial paradigm. Gail Lythgoe argues for a complete update and overhaul of our understanding of territory and space, to engage more effectively with key processes, structures and actors relevant to contemporary global governance. In this new theoretical account of an essential aspect of public international law, she argues that territory is a dynamic social reality created by the exercise of power. Territories are constituted by the practices of a more diverse array of actors than is acknowledged. As a result, functions are re-assembling in territories constituted by state and non-state actors alike.
Book Synopsis Weaponising Evidence by : Margherita Melillo
Download or read book Weaponising Evidence written by Margherita Melillo and published by Cambridge University Press. This book was released on 2024-02 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Weaponising Evidence provides the first analysis of the history of the international law on tobacco control. By relying on a vast set of empirical sources, it analyses the negotiation of the WHO Framework Convention on Tobacco Control (FCTC) and the tobacco control disputes lodged before the WTO and international investment tribunals (Philip Morris v Uruguay and Australia - Plain Packaging). The investigation focuses on two main threads: the instrumental use of international law in the warlike confrontation between the tobacco control advocates and the tobacco industry, and the use of evidence as a weapon in the conflict. The book unveils important lessons on the functioning of international organizations, the role of corporate actors and civil society organizations, and the importance and limits of science in law-making and litigation.
