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Bridging The Gap Between International Investment Law And The Environment
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Book Synopsis Bridging the Gap Between International Investment Law and the Environment by : Yulia Levashova
Download or read book Bridging the Gap Between International Investment Law and the Environment written by Yulia Levashova and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the topical question on how national and international environmental concerns could be adequately integrated into international investment law. It covers the question whether international investment law restricts state sovereignty in an unacceptable way - in particular, the freedom of host states to develop national policies and regulation for the improvement of the environment. The book first analyzes the interaction between international investment law and the protection of the environment, on the basis of concepts such as sustainable development, fair and equitable treatment, and international responsibility. Secondly, several chapters discuss challenges which are encountered in attempts to integrate environmental concerns in investment policies in specific sectors and regions (e.g. climate change, water pollution, renewable and nuclear energy, and the European Union region). And, finally, specific case studies illustrate the legal and policy tensions between investment law and environmental protection, namely Vattenfall's disputes with Germany, legal clashes between Chevron and Ecuador, and multinational mining companies' conflicts in Indonesia. The contributions are written by international experts and will be of interest to policy makers and practitioners. *** Librarians: ebook available (Series: Legal Perspectives for Global Challenges - Vol. 4) [Subject: International Law, Investment Law, Environmental Law]
Book Synopsis 'Bridging the Gap Between International Investment Law and the Environment', 4th and 5th November, the Hague, the Netherlands by : Rosalien Diepeveen
Download or read book 'Bridging the Gap Between International Investment Law and the Environment', 4th and 5th November, the Hague, the Netherlands written by Rosalien Diepeveen and published by . This book was released on 2014 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt: This contribution is based on the discussions that took place in the international conference “Bridging the Gap between International Investment Law and the Environment” which was held on 4-5 November 2013 in the Hague. The main goal of the conference was to answer the question of how the gap between international investment law and the environment can be bridged. Different perspectives were presented, helping to shed light on this issue. The emphasis of the first day of the conference was the academic debate in the field of international investment law and the environment. Four main perspectives were discussed: general principles of international investment law and the environment, various legal regimes, specific legal regimes and case studies. Furthermore, also the topics of sustainable development, the right to access to water and climate change were elaborated upon by the experts. The second day of the conference focussed on the perspective of policy-makers. Most of the topics were presented in the form of panel discussions. Issues that were discussed included: the perspective of various intergovernmental organisations, concerns and dilemmas of non-European capital-importing countries, and the European Investment Policy. This contribution elaborates upon the most important themes and issues debated at the conference, providing academic and policy perspectives.
Book Synopsis International Investment Law and Development by : Stephan W. Schill
Download or read book International Investment Law and Development written by Stephan W. Schill and published by Edward Elgar Publishing. This book was released on 2015-12-18 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment law has often been seen as an obstacle to sustainable development. While the connections between investment and development are plain, for a long time there has been relatively little scholarship exploring them. Combining critical reflection and detailed analysis, this book addresses the relationship between contemporary investment law and development. The book is organized around two competing visions of investment and development - as working either harmoniously or in conflict with one another. The expert contributors reflect on both of these views and analyse the social dimensions of development and its impact on investment law. Coverage includes in-depth discussion on such issues as human rights, poverty reduction, labor standards, and indigenous peoples. Students and scholars of international investment law will benefit from the informed analysis of the links between investment and development. This book will also be of use to practitioners and experts of development law who are looking for an up-to-date perspective of the field.
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 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 International Investment Law and the Environment by : Saverio Di Benedetto
Download or read book International Investment Law and the Environment written by Saverio Di Benedetto and published by Edward Elgar Publishing. This book was released on 2013-10-31 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is essential reading for academics of international investment law and related matters, with useful research material for both practitioners and policy-makers. Moreover, the innovative approach of this book makes it appropriate for adoption i
Book Synopsis The Foundations of International Investment Law by : Zachary Douglas
Download or read book The Foundations of International Investment Law written by Zachary Douglas and published by OUP Oxford. This book was released on 2014-05-01 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment law is one of the fastest growing areas of international law. It has led to the signing of thousands of agreements, mostly in the form of investment contracts and bilateral investment treaties. Also, in the last two decades, there has been an exponential growth in the number of disputes being resolved by investment arbitration tribunals. Yet the legal principles at the basis of international investment law and arbitration remain in a state of flux. Perhaps the best illustration of this phenomenon is the wide disagreement among investment tribunals on some of the core concepts underpinning the regime, such as investment, property, regulatory powers, scope of jurisdiction, applicable law, or the interactions with other areas of international law. The purpose of this book is to revisit these conceptual foundations in order to shed light on the practice of international investment law. It is an attempt to bridge the growing gap between the theory and the practice of this thriving area of international law. The first part of the book focuses on the 'infrastructure' of the investment regime or, more specifically, on the structural arrangements that have been developed to manage foreign investment transactions and the potential disputes arising from them. The second part of the book identifies the common conceptual bases of an array of seemingly unconnected practical problems in order to clarify the main stakes and offer balanced solutions. The third part addresses the main sources of 'regime stress' as well as the main legal mechanisms available to manage such challenges to the operation of the regime. Overall, the book offers a thorough investigation of the conflicting theoretical positions underlying international investment law, testing their worth by reference to concrete issues that have arisen in the jurisprudence. It demonstrates that many of the most important practical questions arising in practice can be addressed by a carefully dosed resort to theory.
Book Synopsis The Origins of International Investment Law by : Kate Miles
Download or read book The Origins of International Investment Law written by Kate Miles and published by Cambridge University Press. This book was released on 2013-10-24 with total page 499 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of the origins of international investment law and their continued resonance in the twenty-first century.
Book Synopsis Bridging the Gap Between Foreign Investor Rights and Obligations by : Nicolás M. Perrone
Download or read book Bridging the Gap Between Foreign Investor Rights and Obligations written by Nicolás M. Perrone and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this article I propose to see the history of the international law on foreign investment as about the diffusion of investor rights as much as the resistance to investor obligations. My argument is that the divide between investment protection and the responsibility of foreign investors is one of the most significant features of the international law on foreign investment. The article shows that the different treatment of rights and obligations is grounded on the same business project and legal imagination. Maintaining this divide has never been easy, as this model faced resistance, particularly from Latin America, trade unions and human rights activists. The article concludes by noting that while mainly states can create international investor obligations, academics can contribute to reimagining the international law on foreign investment by bringing investment treaty law and business and human rights much closer. This shift is already happening.
Book Synopsis International Environmental Law and the Global South by : Shawkat Alam
Download or read book International Environmental Law and the Global South written by Shawkat Alam and published by Cambridge University Press. This book was released on 2015-09-17 with total page 657 pages. Available in PDF, EPUB and Kindle. Book excerpt: Situating the global poverty divide as an outgrowth of European imperialism, this book investigates current global divisions on environmental policy.
Book Synopsis Bridging the Gap by : Rukayat Ibrahim
Download or read book Bridging the Gap written by Rukayat Ibrahim and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the very core of international investment law (IIL) lies the protection of foreign investments which are often exhibited by clauses found in Bilateral Investment Treaties (BIT's) or investment chapters of Free Trade Agreements (FTA's). These protections contain standard clauses that usually includes investor-state dispute settlement (ISDS) as a mode of resolving disputes. For developing countries, the presence of foreign direct investment (FDI) within the territory of their host state signals development. However, the existence of certain standards for protecting FDI and foreign investors alike, as found in BIT's or investment chapters of FTA's, have meted out deleterious effects on the regulatory powers and developmental status of developing countries. As a result, this thesis aims at examining the resulting consequences of IIL on developing countries. In so doing, I adopt the use of TWAIL constructivism as a main method to reveal how the power imbalance that plagued the history of IIL contributed to its present-day lopsided nature in terms of who the dominant actors are and how the latter affects the process of norm formation under international law. Using the example of the recent trends in Africa, I note that developing states need to ensure that the rulemaking trends taking place isn't merely reactionary to the lopsided nature of IIL within their respective jurisdiction. To this end, to ensure a body of IIL that will work both at the national and international level, the following questions, which will eventually lead to a multistakeholder approach must be considered: who are the actors? Does an actor have the capacity to speak and be heard? What is the actor saying and how is the actor saying what it purports to be said?
Book Synopsis International Investment Law at the Juncture by : Shen Wei
Download or read book International Investment Law at the Juncture written by Shen Wei and published by Springer Nature. This book was released on with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Foreign Investment and the Environment in International Law by : Jorge Viñuales
Download or read book Foreign Investment and the Environment in International Law written by Jorge Viñuales and published by . This book was released on 2012 with total page 423 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"--
Author :National Academies of Sciences, Engineering, and Medicine Publisher :National Academies Press ISBN 13 :0309452961 Total Pages :583 pages Book Rating :4.3/5 (94 download)
Book Synopsis Communities in Action by : National Academies of Sciences, Engineering, and Medicine
Download or read book Communities in Action written by National Academies of Sciences, Engineering, and Medicine and published by National Academies Press. This book was released on 2017-04-27 with total page 583 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the United States, some populations suffer from far greater disparities in health than others. Those disparities are caused not only by fundamental differences in health status across segments of the population, but also because of inequities in factors that impact health status, so-called determinants of health. Only part of an individual's health status depends on his or her behavior and choice; community-wide problems like poverty, unemployment, poor education, inadequate housing, poor public transportation, interpersonal violence, and decaying neighborhoods also contribute to health inequities, as well as the historic and ongoing interplay of structures, policies, and norms that shape lives. When these factors are not optimal in a community, it does not mean they are intractable: such inequities can be mitigated by social policies that can shape health in powerful ways. Communities in Action: Pathways to Health Equity seeks to delineate the causes of and the solutions to health inequities in the United States. This report focuses on what communities can do to promote health equity, what actions are needed by the many and varied stakeholders that are part of communities or support them, as well as the root causes and structural barriers that need to be overcome.
Book Synopsis Foreign Investment and the Environment in International Law by : Jorge VI Uales
Download or read book Foreign Investment and the Environment in International Law written by Jorge VI Uales and published by . This book was released on 2014-05-14 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides academics and practitioners with a detailed analysis of the interface between foreign investment and environmental law.
Download or read book Our Common Future written by and published by . This book was released on 1990 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis International Environmental Law and International Human Rights Law in Investment Treaty Arbitration by : Giovanna E. Gismondi
Download or read book International Environmental Law and International Human Rights Law in Investment Treaty Arbitration written by Giovanna E. Gismondi and published by Kluwer Law International B.V.. This book was released on 2023-08-22 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: Policies aimed at the expansion of transnational capital are sometimes implemented at the expense of growing social inequality and popular frustration in host countries. This timely and deeply researched volume identifies – and offers new insights into – the growing use of and reliance upon international environmental and human rights law in the arbitration of investor–State disputes. It presents a comprehensive and pragmatic approach to the most effective way to connect international investment law to the protection of human rights and the environment. Based on an analysis of 30 arbitral awards, this book demonstrates how recent investment treaty arbitration – and in particular respondent States’ argumentation in arbitral proceedings – highlights the human rights and environmental considerations connected with such factors as the following: the fair and equitable treatment (FET) clause; jurisdictional obstacles; treaty conflict; role of amici curiae; damages; tribunal’s dilution of the significance of environmental and human rights law; corporate social responsibility; free, prior, and informed consent; social license to operate; and (in)applicability of the systemic approach to the interpretation of investment treaties. As investment arbitration continues to be challenged by growing demands for greater public involvement and for participation of third parties that are affected by the proceedings, this book responds to the need to reshape the investment regime into more human rights and environmentally friendly system. It will prove an invaluable resource for arbitral institutions, academics, arbitrators, arbitration counsel, and other participants in investment treaty arbitration.
