Sustainable Development in World Investment Law

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041131663
Total Pages : 978 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Sustainable Development in World Investment Law by : Marie-Claire Cordonier Segger

Download or read book Sustainable Development in World Investment Law written by Marie-Claire Cordonier Segger and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 978 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sustainable development, as defined by the World Commission on Environment and Development, is "development that meets the needs of the present without compromising the ability of future generations to meet their own needs." More specifically, sustainable development is a process of change that seeks to improve the collective quality of life by focusing on economically, socially, and environmentally sound projects that are viable in the long-term. Sustainable development requires structural economic change and the foundation of that change is investment. In developing nations with low levels of domestic savings, investment predictably comes from abroad in the form of foreign direct investment. A large and ever expanding number of international investment agreements are in place to govern these transactions. While these accords seek to foster development while mitigating the risk involved in these types investments, many questions remain unresolved. This highly insightful book reflects the contributions of a variety of world renowned experts each of which is designed to provide the reader with valuable perspective on recent developments in investment law negotiations and jurisprudence from a sustainable development law perspective. It offers answers to pertinent questions concerning advancements in investment law, including the negotiation of numerous regional and bilateral agreements as well as the increasing number of disputes resolved in the World Bank's International Centre for the Settlement of Investment Disputes (ICSID), from different developed and developing country perspectives. It lays out future directions for new treaty negotiations and dispute settlement proceedings, as well as ongoing investment promotion efforts, against a background of rapidly evolving international relationships between economic, environment and development law. It focuses on key issues in investment laws which have emerged as priorities in the negotiation of bilateral and regional investment agreements, and have been clarified through recent decisions of the ICSID and other arbitral panel awards.

Sustainable Development in EU Foreign Investment Law

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Publisher : BRILL
ISBN 13 : 900446588X
Total Pages : 473 pages
Book Rating : 4.0/5 (44 download)

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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.

International Trade, Investment, and the Sustainable Development Goals

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Publisher : Cambridge University Press
ISBN 13 : 1108840884
Total Pages : 345 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis International Trade, Investment, and the Sustainable Development Goals by : Cosimo Beverelli

Download or read book International Trade, Investment, and the Sustainable Development Goals written by Cosimo Beverelli and published by Cambridge University Press. This book was released on 2020-10 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: A multi-disciplinary investigation of how economic globalization can help achieve the UN's 2030 Agenda, exploring trade-offs among the Goals.

Integrating Sustainable Development in International Investment Law

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Publisher : Routledge
ISBN 13 : 1317284224
Total Pages : 191 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis Integrating Sustainable Development in International Investment Law by : Manjiao Chi

Download or read book Integrating Sustainable Development in International Investment Law written by Manjiao Chi and published by Routledge. This book was released on 2017-10-10 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: The current international investment law system is insufficiently compatible with sustainable development. To better address sustainable development concerns associated with transnational investment activities, international investment agreements should be made more compatible with sustainable development. Integrating Sustainable Development in International Investment Law presents an important systematic study of the issue of sustainable development in the international investment law system, using conceptual, normative and governance perspectives to explore the challenges and possible solutions for making international investment law more compatible with sustainable development. Chi suggests that to effectively address the sustainable development concerns associated with transnational investment activities, the international investment agreements system should be reformed. Such reform should feature redesigning the provisions of the agreements, improving the structure of international investment agreements, strengthening the function of soft law, engaging non-state actors and enhancing the dispute settlement mechanism. The book is primarily aimed at national and international treaty and policy-makers, lawyers and scholars. It is also suitable for graduate students studying international law and policy-making.

Integrating Sustainable Development in International Investment Law

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Publisher :
ISBN 13 : 9781138187894
Total Pages : 209 pages
Book Rating : 4.1/5 (878 download)

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Book Synopsis Integrating Sustainable Development in International Investment Law by : Manjiao Chi

Download or read book Integrating Sustainable Development in International Investment Law written by Manjiao Chi and published by . This book was released on 2017 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: "'Integrating Sustainable Development in International Investment Law' presents an important systematic study of the issue of sustainable development in the international investment law system, using conceptual, normative and governance perspectives to explore the challenges and possible solutions for making international investment law more compatible with sustainable development. Chi suggests that to effectively address the sustainable development concerns associated with transnational investment activities, the international investment agreements system should be reformed. Such reform should feature redesigning the provisions of the agreements, improving the structure of international investment agreements, strengthening the function of soft law, engaging non-state actors and enhancing the dispute settlement mechanism."--Preliminary page.

Sustainable Development in International Law Making and Trade

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1784717274
Total Pages : 464 pages
Book Rating : 4.7/5 (847 download)

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Book Synopsis Sustainable Development in International Law Making and Trade by : Elisabeth Bürgi Bonanomi

Download or read book Sustainable Development in International Law Making and Trade written by Elisabeth Bürgi Bonanomi and published by Edward Elgar Publishing. This book was released on 2015-09-25 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book provides an accessible insight into how the concept of sustainable development can be made operational through its translation into legal terms. Understood as a multidimensional legal principle, sustainable development facilitates coherent international law making. Using this notion as an analytical lens on the WTO Agreement on Agriculture, the book considers the unresolved question of what a sustainable and coherent agricultural trade agreement could look like.

International Investment Law and Development

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Publisher : Edward Elgar Publishing
ISBN 13 : 1784711357
Total Pages : 488 pages
Book Rating : 4.7/5 (847 download)

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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 488 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.

International Natural Resources Law, Investment and Sustainability

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Publisher : Routledge
ISBN 13 : 131753588X
Total Pages : 765 pages
Book Rating : 4.3/5 (175 download)

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Book Synopsis International Natural Resources Law, Investment and Sustainability by : Shawkat Alam

Download or read book International Natural Resources Law, Investment and Sustainability written by Shawkat Alam and published by Routledge. This book was released on 2017-09-27 with total page 765 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Natural Resources Law, Investment and Sustainability provides a clear and concise insight into the relationship between the institutions that govern foreign investment, sustainable development and the rules and regulations that administer natural resources. In this book, several leading experts explore different perspectives in how investment and natural resources come together to achieve sustainable development in developing countries with examples from water, oil and gas, renewable energy, mineral, agriculture, and carbon trading. Despite varying perspectives, it is clear that several themes are central in considering the linkages between natural resources, investment and sustainability. Specifically, transparency, good governance and citizen empowerment are vital conditions which encourage positive social, economic and environmental outcomes for developing countries. In addition, this book provides new insights into key concepts which underpin international law, including sovereign rights and state responsibility principles. It is clear from this book that in the attempt to reconcile these concepts and principles from separate legal regimes, complex policy questions emerge whereby it is difficult to attain mutually beneficial or succinct outcomes. This book explores how countries prioritise their policy objectives to achieve their notion of sustainable natural resource use, which is strongly influenced by power imbalances that inform North–South cooperation, as well as South–South cooperation in the international investment regime. This book will be of great interest to students, academics and researchers of international environmental law, international human rights law, international investment law and international economic law. This book may also be of relevance to environmentalists, policy-makers, NGOs, and investors working in the natural resources field.

Sustainable Development in World Trade Law

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041123660
Total Pages : 778 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Sustainable Development in World Trade Law by : Markus W. Gehring

Download or read book Sustainable Development in World Trade Law written by Markus W. Gehring and published by Kluwer Law International B.V.. This book was released on 2005-01-01 with total page 778 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Johannesburg at the World Summit on Sustainable Development in 2002, over one hundred and eighty states assumed a collective responsibility to advance and strengthen the interdependent and mutually reinforcing pillars of sustainable development economic development, social development, an environmental protection at the local, national, regional and global levels. This remarkable collection of papers, sponsored by the Centre for International Sustainable Development Law (CISDL), demonstrates that sustainable development serves as a unifying concept with the potential to facilitate much-needed respect for international law and timely implementation of diverse and overlapping international commitments. It builds on the substance of a rich and complex debate at the intersections among economic, social, and environmental law, bringing together a broad cross-section of viewpoints and voices. The authors review recent developments in WTO discussions and negotiations, and in the recent decisions of the WTO Appellate Body, from a sustainable development law perspective. They also survey relevant new developments in trade and economic agreements at regional, inter-regional and bi-lateral levels. The various essays focus on sustainable development aspects of key issues in recent trade negotiations such as the Singapore Issues (investment, competition, trade facilitation, and government procurement), intellectual property rights, investment arbitration and the linkage between the WTO and multilateral environmental accords, (MEAand¿s).. Among the specific topics covered are the following: Emerging areas of law and policy in trade and sustainable development, The underlying development agendas in global trade law negotiations, Cooperation and potential negotiation on international competition law, Sustainable development aspects of intellectual property rights negotiations, Overlaps between multilateral environmental accords (MEAand¿s) and the WTO, Recent developments in WTO dispute settlement procedures and proceedings, Human rights and environmental opportunities from trade liberalisation and increased market acces, Human rights and environment impact assessment techniques used to analyse trade agreements, Recent developments in bi-lateral and regional trade agreements. Trade, investment, and competition law practitioners and negotiators in developed and developing countries will find this book of great value, as will development and environment law professionals with responsibility for trade and WTO law related matters. With rich contributions from leading trade law practitioners, academics, and WTO panel and appellate body roster members, Sustainable Developments in World Trade Law offers a constructive, timely and accessible expert analysis of recent discussions and advances in the field, providing an integrated and essential guide to some of the most important issues in international economic law today.

The Future of the UN Sustainable Development Goals

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Publisher : Springer
ISBN 13 : 3030211541
Total Pages : 404 pages
Book Rating : 4.0/5 (32 download)

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Book Synopsis The Future of the UN Sustainable Development Goals by : Samuel O. Idowu

Download or read book The Future of the UN Sustainable Development Goals written by Samuel O. Idowu and published by Springer. This book was released on 2019-06-15 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a business-oriented analysis of the United Nations (UN) Sustainable Development Goals (SDG). In order to assess their impact on businesses and corporations, the book addresses all 17 goals and a broad range of industries. Gathering contributions from Africa, Europe and Asia, it presents both critical reviews and case studies. In turn, the book seeks to predict likely developments during the next decade. To do so, it examines evidence from today’s business world and how companies and corporations have been adopting the SDGs since their release. In this regard, it discusses the changes that will be required and how the agenda will affect the continent’s development path. An underlying theme throughout the book is the role of monetary value and investment for sustainable development: whether through financing, enhanced turnaround resulting from a more educated population, or more socially innovative entrepreneurs.

Integrating Sustainable Development Into International Investment Agreements

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Author :
Publisher : Commonwealth Secretariat
ISBN 13 : 1849290865
Total Pages : 605 pages
Book Rating : 4.8/5 (492 download)

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Book Synopsis Integrating Sustainable Development Into International Investment Agreements by : John Anthony VanDuzer

Download or read book Integrating Sustainable Development Into International Investment Agreements written by John Anthony VanDuzer and published by Commonwealth Secretariat. This book was released on 2013 with total page 605 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Guide is designed to assist developing countries to negotiate International Investment Agreements (IIAs) that are more effective in promoting their sustainable development. A useful reference tool for developing country negotiators and interested parties.

International Law, Sustainable Development and Water Management

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Publisher : Eburon Uitgeverij B.V.
ISBN 13 : 9059720555
Total Pages : 249 pages
Book Rating : 4.0/5 (597 download)

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Book Synopsis International Law, Sustainable Development and Water Management by : Antoinette Hildering

Download or read book International Law, Sustainable Development and Water Management written by Antoinette Hildering and published by Eburon Uitgeverij B.V.. This book was released on 2004 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description

Shifting Paradigms in International Investment Law

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Publisher : Oxford University Press
ISBN 13 : 0191058289
Total Pages : 430 pages
Book Rating : 4.1/5 (91 download)

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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 2016-01-21 with total page 430 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.

Transforming World Trade and Investment Law for Sustainable Development

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Publisher :
ISBN 13 : 9780191948923
Total Pages : 0 pages
Book Rating : 4.9/5 (489 download)

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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 . This book was released on with total page 0 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"--Provided by publisher

Environmental Interests in Investment Arbitration

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403517301
Total Pages : 297 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Environmental Interests in Investment Arbitration by : Flavia Marisi

Download or read book Environmental Interests in Investment Arbitration written by Flavia Marisi and published by Kluwer Law International B.V.. This book was released on 2020-01-24 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Environmental Interests in Investment Arbitration Challenges and Directions Flavia Marisi Economic growth, social inclusion, and environmental protection stand at the core of sustainable development, which aims to deliver long-term growth for current and future generations. Foreign Direct Investment (FDI) can play a key role in sustainable development. Host states’ benefits descending from FDI inflows include tax revenues, technology transfer, specialised training of local human resources, network with satellite activities, better availability of quality products and customer-centric services. These downstream effects jointly stimulate economic growth and social inclusion. This thoroughly researched book explores the relationship between environmental protection – the third component of sustainable development – and FDI. In practice, the intersection between environmental protection and foreign investment not only has generated remarkable success stories such as cross-sectoral green investment but has also in some instances led to severe cases of environmental degradation. Certain foreign investments resulted in open-pit mines leaking harmful substances into the soil, excessive deforestation, improper treatment of water, pollution of groundwater and contamination of mud pits following oil exploitation, leaving the host state with significant environmental damage. Some other cases have witnessed the host state withdrawing or infringing its own environmental policies, which could, in principle, lead to a decrease in the value of the foreign investment as a result of natural resources deterioration. In recent years, an increasing number of investment arbitration cases have seen a clash between the states’ commitments towards their citizens, which include the duty to protect the environment, their health and well-being, and the commitment towards foreign investors to protect their investments. In this book, the author focuses on investor-state cases in which environmental protection measures have been contested and discusses substantive mechanisms in treaty drafting, rules of Customary International Law, and interpretation doctrines, which are aimed at taking environmental concerns into consideration. The topics covered include the following: statistical analysis of investor-state cases where environmental protection measures have been contested; the role of environmental principles in investor-state arbitration; treaty mechanisms addressing environmental concerns; legal tools available under Customary International Law to address environmental interests; the application of the doctrines of proportionality, police powers, and margin of appreciation; and environmental counterclaims as an instrument to claim compensation for environmental damage. The author provides a detailed framework on the normative architecture, offers an extensive analysis of the relevant case law, and proposes concrete solutions to the identified clashes, aimed at refining the balance between environmental and investment protection. With its in-depth analysis and careful documentation, this book aptly captures the inherent fragmentation of international law and undoubtedly represents an invaluable resource for both international law practitioners and scholars. The solution-oriented approach adopted in the book will be welcomed by legal counsel, law firms, investment treaty negotiators, and decision makers at the different stages of investment lawmaking and practice, as well as by international institutions and academics.

Investment Law within International Law

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1107434912
Total Pages : 569 pages
Book Rating : 4.1/5 (74 download)

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Book Synopsis Investment Law within International Law by : Freya Baetens

Download or read book Investment Law within International Law written by Freya Baetens and published by Cambridge University Press. This book was released on 2013-08-01 with total page 569 pages. Available in PDF, EPUB and Kindle. Book excerpt: Developments within various sub-fields of international law influence international investment law, but changes in investment law also have an impact on the evolution of other fields within international law. Through contributions from leading scholars and practitioners, this book analyses specific links between investment law and other sub-fields of international law such as the law on armed conflict, human rights, sustainable development, trade, development and EU law. In particular, this book scrutinises how concepts, principles and rules developed in the context of such sub-fields could inform the content of investment law. Solutions aimed at resolving problems in other settings may provide instructive examples for addressing current problems in the field of investment law, and vice versa. The underlying question is whether key sub-fields of public international law, notably international investment law, are open to cross-fertilisation, or, whether they are evolving further into self-contained regimes.

International Investment for Sustainable Development

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Author :
Publisher : Routledge
ISBN 13 : 1136562745
Total Pages : 239 pages
Book Rating : 4.1/5 (365 download)

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Book Synopsis International Investment for Sustainable Development by : Lyuba Zarsky

Download or read book International Investment for Sustainable Development written by Lyuba Zarsky and published by Routledge. This book was released on 2012-05-23 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Investment for Sustainable Development critically examines the interface between sustainability, development, and the governance of international investment. It challenges the conventional view that foreign direct investment is a 'miracle drug' for developing countries and exposes serious shortcomings in the current international investment regime. Composed of norms, agreements, treaties and regulations, the emerging investment regime expands the rights of transnational corporations (TNCs) without commensurate rewards for the common good. Drawing on both research and engaged advocacy, the contributors ultimately map out a new way forward, towards the creation and implementation of international investment rules that will promote global sustainability and equity.