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Rethinking Expropriation Law Iv
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Book Synopsis Rethinking Investment Law by : David Schneiderman
Download or read book Rethinking Investment Law written by David Schneiderman and published by Oxford University Press. This book was released on 2024-02-09 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is no denying that the rules and enforcement mechanisms of investment law and arbitration reach deep into the regulatory and policy space of host states. Investment tribunals have the ability to second-guess all variety of state measures and, in doing so, have displayed a remarkable lack of restraint. Despite investment law's muscularity, without equal in international law, the prevailing orthodoxy treats investment law as a defensible and just restraint on government and politics. This volume helps to correct the prevailing view. Rethinking Investment Law illustrates how investment law protections for foreign investors constrains states and over-compensates investors. It offers a more balanced vision of how international law can protect all those affected, not just foreign investors. An expert set of contributors explain both the conventional law and its limitations. Their analysis shows that doctrines, now widely entrenched, in orthodox accounts of investment law could have taken, and could still take, a different turn. They offer a more respectful approach to states' roles and responsibilities to enact laws in the public interest. This text will be an illuminating read for students and academics in areas such as investment law and international economic law. It provides cutting-edge analysis for researchers, practitioners, and students seeking to understand and question the usual standards of treatment under investment treaties.
Book Synopsis Rethinking Expropriation Law IV by : Magdalena Habdas
Download or read book Rethinking Expropriation Law IV written by Magdalena Habdas and published by . This book was released on 2024-03-20 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The latest IPCC report makes it abundantly clear that we are failing to reach the target of limiting global warming to 1.5°C compared to the pre-industrial era. If we are to reach this target, we need to take measures to reduce the emission of greenhouse gases, to move away from fossil fuels as energy sources and to adopt renewable energy sources. Particularly high-income countries need to reduce consumption and the exploitation of nature. Enforcement is in order when incentives such as subsidies are not sufficiently effective. To explore and reflect on the scope for state action that limits or expropriates property for climate protection, we gathered a group of scholars from around the world at the 2022 conference 'Takings for Climate Justice and Resilience', hosted by the University of Groningen. We sought to address the scope for States to expropriate property for renewable energy projects, to prohibit harmful activities on land, and to compel owners to refurbish their buildings. This fourth book in the Rethinking Expropriation Law series of the Expert Group on Expropriation Law (www.expropriation.info) contains fourteen double-blind peer-reviewed contributions based upon presentations given at the aforementioned conference. This book aims to contribute to the legal debate on how to better protect our climate, intended for academics, practitioners, policymakers and politicians. The series Vastgoed, Omgeving & Recht (Property, Environment & Law) focuses on exchange of knowledge and discussion between theory and practice in the field of real estate, environment and law in the broadest sense. Monographs, theses, conference bundles and comments are part of the series. This series is part of the book series published by the Nederlands Institute for Law and Governance (NILG). The Nederlands Institute for Law and Governance (NILG) is a joint venture between the faculties of law at the VU University Amsterdam, the University of Groningen and other research institutions to improve research in the field of Law and Governance. The NILG's research theme is the interaction between the regulation of public and private interests in law and the way in which these interests are being regulated.
Book Synopsis Rethinking the Rule of Law After Communism by : Adam Czarnota
Download or read book Rethinking the Rule of Law After Communism written by Adam Czarnota and published by Central European University Press. This book was released on 2005-01-01 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book is concerned to assess, and to draw some of the implications of, the legal developments of these last dozen or so years, specifically as they speak to issues of constitutionalism, dealing with the past, and the rule of law."--Introduction.
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 1662 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 Rethinking Economic Development, Growth, and Institutions by : Jaime Ros
Download or read book Rethinking Economic Development, Growth, and Institutions written by Jaime Ros and published by . This book was released on 2013-09 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents the contributions that early development theory can make to growth economics in answering why some countries are richer than others and why some economies grow faster than others.
Book Synopsis Rethinking Alternatives with Marx by : Marcello Musto
Download or read book Rethinking Alternatives with Marx written by Marcello Musto and published by Springer Nature. This book was released on 2021-10-30 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a Marx that is in many ways different from the one popularized by the dominant currents of twentieth-century Marxism. The dual aim of this edited volume is to contribute to a new critical discussion of some of the classical themes of Marx’s thought and to develop a deeper analysis of certain questions to which relatively little attention has been paid until recently. Contributions of globally renowned scholars, from nine countries and multiple academic disciplines, offer diverse and innovative perspectives on Marx’s points of view about ecology, migration, gender, the capitalist mode of production, the labour movement, globalization, social relations, and the contours of a possible socialist alternative. The result is a collection that will prove indispensable for all specialists in the field and which suggests that Marx’s analyses are arguably resonating even more strongly today than they did in his own time.
Book Synopsis Health Care Systems: Rethinking health care systems by : Jonathan Watson
Download or read book Health Care Systems: Rethinking health care systems written by Jonathan Watson and published by Taylor & Francis. This book was released on 2005 with total page 718 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection covers the organization, financing and regulation of health care systems in four clear contexts: reforming health care systems, understanding health care politics, financing and delivering health care, rethinking health care systems.
Book Synopsis Public Purpose in International Law by : Pedro J. Martinez-Fraga
Download or read book Public Purpose in International Law written by Pedro J. Martinez-Fraga and published by Cambridge University Press. This book was released on 2015-02-19 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text explores how the public purpose doctrine reconciles the often conflicting, but equally binding, obligations that states have to engage in regulatory sovereignty while honoring host-state obligations to protect foreign investment. The work examines the multiple permutations and iterations of the public purpose doctrine and concludes that this principle needs to be reconceptualized to meet the imperatives of economic globalization and of a new paradigm of sovereignty that is based on the interdependence, and not independence, of states. It contends that the historical expression of the public purpose doctrine in customary and conventional international law is fraught with fundamental flaws that, if not corrected, will give rise to disparities in the relationship between investors and states, asymmetries with respect to industrialized nations and developing states, and, ultimately, process legitimacy concerns.
Book Synopsis Rethinking Global Health by : Rochelle A. Burgess
Download or read book Rethinking Global Health written by Rochelle A. Burgess and published by Taylor & Francis. This book was released on 2023-09-29 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reflects and analyses the working of power in the field of global health– and what this goes on to produce. In so doing, Rethinking Global Health asks the pivotal questions of, ‘who is global health for’ and ‘what is it that limits our ability to build responses that meet people where they are?’ Covering a wide range of topics from global mental health to Ebola, this book combines power analyses with interviews and personal reflections spanning the author’s decade-long career in global health. It interrogates how the search for global solutions can often end up far from where we anticipated. It also introduces readers to different frameworks for power analyses in the field, including an adaptation of the ‘matrix of domination’ for global health practice. Through this work, Dr Burgess develops a new model of Transformative Global Health, a framework that calls researchers and practitioners to adopt new orienting principles, placing community interests and voices at the heart of global health planning and solutions at all times. This book will be beneficial to students and academics working in the global and public health landscape. It will also hold appeal to activists, practitioners and individuals invested in the discipline and in health equity around the world.
Download or read book Rethinking Marxism written by Karl Marx and published by . This book was released on 1985 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Technocracy and the Law by : Alessandra Arcuri
Download or read book Technocracy and the Law written by Alessandra Arcuri and published by Routledge. This book was released on 2021-05-27 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: Technocratic law and governance is under fire. Not only populist movements have challenged experts. NGOs, public intellectuals and some academics have also criticized the too close relation between experts and power. While the amount of power gained by experts may be contested, it is unlikely and arguably undesirable that experts will cease to play an influential role in contemporary regulatory regimes. This book focuses on whether and how experts involved in policymaking can and should be held accountable. The book, divided into four parts, combines theoretical analysis with a wide variety of case studies expounding the challenges of holding experts accountable in a multilevel setting. Part I offers new perspectives on accountability of experts, including a critical comparison between accountability and a virtue-ethical framework for experts, a reconceptualization of accountability through the rule of law prism and a discussion of different ways to operationalize expert accountability. Parts I–IV, organized around in-depth case studies, shed light on the accountability of experts in three high-profile areas for technocratic governance in a European and global context: economic and financial governance, environmental/health and safety governance, and the governance of digitization and data protection. By offering fresh insights into the manifold aspects of technocratic decisionmaking and suggesting new avenues for rethinking expert accountability within multilevel governance, this book will be of great value not only to students and scholars in international and EU law, political science, public administration, science and technology studies but also to professionals working within EU institutions and international organizations.
Book Synopsis Building International Investment Law by : Meg Kinnear
Download or read book Building International Investment Law written by Meg Kinnear and published by Kluwer Law International B.V.. This book was released on 2015-12-22 with total page 723 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume celebrates the first fifty years of the International Centre for Settlement of Investment Disputes (ICSID) by presenting the landmark cases that have been decided under its auspices. These cases have addressed every aspect of investment disputes: jurisdictional thresholds; the substantive obligations found in investment treaties, contracts, and legislation; questions of general international law; and a number of novel procedural issues. Each chapter, written by an expert on the chapter’s particular focus, looks at an international investment law topic through the lens of one or more of these leading cases, analyzing what the case held, how it has been applied, and its overall significance to the development of international investment law. These topics include: - applicable law; - res judicata in investor-State arbitration; - notion of investment; - investor nationality; - consent to arbitration; - substantive standards of treatment; - consequences of corruption in investor-State arbitration; - State defenses - counter-claims; - assessment of damages and cost considerations; - ICSID Arbitration Rule 41(5) objections; - mass claims, consolidation and parallel proceedings; - provisional measures; - arbitrator challenges; - transparency and amicus curiae; and - annulment. Because the law of international investment continues to grow in importance in an ever globalizing world, this book is more than a fitting way to mark the past fifty years and to welcome the next fifty years of development. It will prove both educational for practitioners new to the field and informative for seasoned investment lawyers. Moreover, the book itself is a landmark that will be of great value to professionals, scholars and students interested in international investment law.
Book Synopsis Legal Aspects of Privately Financed Infrastructure Projects (PFIPs) in China by : Shuang Liang
Download or read book Legal Aspects of Privately Financed Infrastructure Projects (PFIPs) in China written by Shuang Liang and published by Springer Nature. This book was released on 2020-08-01 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the reform and improvement of Chinese legislation on Privately Financed Infrastructure Projects (PFIPs), the goal being to help its implementation in China satisfy international standards. In this regard, current Chinese laws are found to be insufficient when it comes to reducing risks to PFIPs, due to certain shortcomings. Therefore, the corresponding legislation must be reformed and improved.The Legislative Guide and Model Provisions drafted by UNCITRAL are discussed as the international standards that can effectively guide this reform; other countries’ laws on PFIPs provide supplementary reference material.Given the rapid rise in the use of PFIPs in China, this book offers a strong theoretical basis for improving Chinese legislation. It also provides general suggestions that can be applied to the reform of laws on PFIPs in any country.
Book Synopsis Regulatory Freedom and Indirect Expropriation in Investment Arbitration by : Aniruddha Rajput
Download or read book Regulatory Freedom and Indirect Expropriation in Investment Arbitration written by Aniruddha Rajput and published by Kluwer Law International B.V.. This book was released on 2018-12-20 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many investment arbitration cases involve a challenge to a regulatory measure of a host state on the basis of indirect expropriation. The practice of arbitral tribunals is diverse and unsettled. In recent years States have been trying to clarify the relationship between regulatory freedom (also known as 'police powers') and indirect expropriation by revising provisions on indirect expropriation in their investment treaties. This book provides the first focused analysis of indirect expropriation and regulatory freedom, drawing on a broad range of the jurisprudence of investment tribunals. The nature of regulatory freedom in international law has been explained on the bases of jurisprudence of international courts and tribunals such as the International Court of Justice (ICJ), Permanent Court of International Justice (PCIJ), dispute resolution bodies of the World Trade Organisation (WTO), European Court of Human Rights. While showing how cases involving standoff between regulatory freedom and indirect expropriation can be resolved in practice, the book goes on to present a conceptual framework for interpreting the nuances of this relationship. The book provides a detailed responses to the following complex questions: • To what extent do states retain regulatory freedom after entering into investment treaties? • What is the scope of regulatory freedom in general public international law? • What are the elements of regulatory freedom and standard of review? • How to draw a dividing line between regulatory freedom and indirect expropriation? • Whether the sole effects doctrine or the police powers is the appropriate method for distinguishing between regulatory freedom and indirect expropriation? While addressing these questions, the author analyses different theoretical approaches that reflect upon the relationship between regulatory freedom and indirect expropriation and how far they assist in understanding these potentially overlapping concepts; their relationship with each other; and the method for distinguishing between them. Given the dense network of around three thousand bilateral investment treaties (BITs) that impose an obligation to protect foreign investments in a State, this book will help practitioners identify, through analysis of cases from diverse fields, how a situation may be categorized either as regulatory freedom or as indirect expropriation. The analysis will also be of value to government officials and lawyers involved in negotiating and re-negotiating investment treaties, and to arbitrators who have to decide these issues. Scholars will welcome the book's keen insight into the contentious relationship between a customary international law norm and a treaty norm.
Book Synopsis Rethinking Redistributive Land Reform by : Saturnino M. Borras
Download or read book Rethinking Redistributive Land Reform written by Saturnino M. Borras and published by . This book was released on 2004 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Effects of Financial Globalization on Developing Countries by : Mr.Ayhan Kose
Download or read book Effects of Financial Globalization on Developing Countries written by Mr.Ayhan Kose and published by International Monetary Fund. This book was released on 2003-09-03 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study provides a candid, systematic, and critical review of recent evidence on this complex subject. Based on a review of the literature and some new empirical evidence, it finds that (1) in spite of an apparently strong theoretical presumption, it is difficult to detect a strong and robust causal relationship between financial integration and economic growth; (2) contrary to theoretical predictions, financial integration appears to be associated with increases in consumption volatility (both in absolute terms and relative to income volatility) in many developing countries; and (3) there appear to be threshold effects in both of these relationships, which may be related to absorptive capacity. Some recent evidence suggests that sound macroeconomic frameworks and, in particular, good governance are both quantitatively and qualitatively important in affecting developing countries’ experiences with financial globalization.
Download or read book Mineral Law written by Hanri Mostert and published by Juta and Company Ltd. This book was released on 2012 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt:
