Cultural Heritage In International Investment Law And Arbitration
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Cultural Heritage In International Investment Law And Arbitration
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Author : Valentina Vadi
language : en
Publisher: Cambridge University Press
Release Date : 2014-03-13
Cultural Heritage In International Investment Law And Arbitration written by Valentina Vadi and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03-13 with Law categories.
Valentina Vadi assesses whether cultural heritage has and/or should have any relevance in international investment law and policy.
Cultural Heritage In International Investment Law And Arbitration
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Author : Valentina Vadi
language : en
Publisher:
Release Date : 2014
Cultural Heritage In International Investment Law And Arbitration written by Valentina Vadi and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Cultural property categories.
Valentina Vadi assesses whether cultural heritage has and/or should have any relevance in international investment law and policy.
Human Rights In International Investment Law And Arbitration
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Author : Pierre-Marie Dupuy
language : en
Publisher: Oxford University Press
Release Date : 2009
Human Rights In International Investment Law And Arbitration written by Pierre-Marie Dupuy and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
This book offers a systematic analysis of the interaction between international investment law, investment arbitration and human rights, including the role of national and international courts, investor-state arbitral tribunals and alternative jurisdictions, the risks of legal and jurisdictional fragmentation, the human rights dimensions of investment law and arbitration, and the relationships of substantive and procedural principles of justice to international investment law. Part I summarizes the main conclusions of the 24 book chapters and places them into the broader context of the principles of justice, global administrative law and multilevel constitutionalism that may be relevant for the administration of justice in international economic law and investor-state arbitration. Part II includes contributions clarifying the constitutional dimensions of transnational investment disputes and investor-state arbitration, as reflected in the increasing number of arbitral awards and amicus curiae submissions addressing human rights concerns. Part III addresses the need for principle-oriented ordering and the normative congruence of diverse national, regional and worldwide legal regimes, focusing on the pertinent dispute settlement practices and legal interpretation methods of regional economic courts and human rights courts, which increasingly interpret international economic law with due regard to human rights obligations of the governments concerned. Part IV includes twelve case studies on the potential human rights dimensions of specific protection standards (e.g. fair and equitable treatment, non-discrimination), applicable law (e.g. national and international human rights law, rules on corporate social accountability), procedural law issues (e.g. amicus curiae submissions) and specific fundamental rights (e.g. the protection of human health, access to water, and protection of the environment). These case studies discuss not only the still limited examples of human rights discourse in investor-state arbitral awards; they also probe the potential legal relevance of investor-state arbitration for the judicial recognition, interpretation and balancing of primary rules, such as of investment law and human rights law, in the light of the principles of justice as defined by national and international law.
Intangible Cultural Heritage In International Law
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Author : Lucas Lixinski
language : en
Publisher: OUP Oxford
Release Date : 2013-06-13
Intangible Cultural Heritage In International Law written by Lucas Lixinski and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-13 with Law categories.
Intangible cultural heritage is the traditional practices, expressions, knowledge, and skills that form part of a community's culture. It is protected by a 2003 UNESCO Convention, and by several regional and national instruments. This book analyses its legal protection, including from within human rights, intellectual property, and contract law.
General Principles Of Law And International Investment Arbitration
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Author : Andrea Gattini
language : en
Publisher: BRILL
Release Date : 2018-05-29
General Principles Of Law And International Investment Arbitration written by Andrea Gattini and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-29 with Law categories.
General Principles of Law in Investment Arbitration surveys the function of general principles in the field of international investment law, particularly in investment arbitration. The authors’ analysis provides a representative case study of how this informal source operates alongside and in the absence of other sources of applicable law. The contributions are divided into two parts, devoted respectively to substantive principles and procedural ones. The principles discussed in the book are selected for their currency in the practice, their contested nature and their relevance.
Rules And Practices Of International Investment Law And Arbitration
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Author : Yannick Radi
language : en
Publisher:
Release Date : 2020
Rules And Practices Of International Investment Law And Arbitration written by Yannick Radi and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Investments, Foreign categories.
International investment law and arbitration is its own 'galaxy', made up of thousands of treaties to be read in relation to hundreds of awards. It is also diverse, as treaty and arbitration practices display nuances and differences on a number of issues. While it has been expanding over the past few decades in quantitative terms, this galaxy is now developing new traits as a reaction to the criticisms formulated across civil society in relation to the protection of public interest. This textbook enables readers to master and make sense of this galaxy in motion. It offers an up-to-date, comprehensive and detailed analysis of the rules and practices which form international investment law and arbitration, covering its substantive, institutional and procedural aspects. Using analytical and practice-oriented approaches, it provides analyses accessible to readers discovering this field anew, while it offers a wealth of in-depth studies to those who are already familiar with it.
The Inherent Rights Of Indigenous Peoples In International Law
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Author : Antonietta Di Blase
language : en
Publisher: Roma TrE-Press
Release Date : 2020-02-24
The Inherent Rights Of Indigenous Peoples In International Law written by Antonietta Di Blase and has been published by Roma TrE-Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-24 with Law categories.
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
Culture Clash
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Author : Valentina Vadi
language : en
Publisher:
Release Date : 2014
Culture Clash written by Valentina Vadi and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.
This study aims to explore the 'clash of cultures' between international investment law and international cultural law. When countries pursue economic growth, their policy makers may have an incentive to lower cultural standards to promote economic activities. If states nonetheless maintain a high level of cultural heritage protection, disputes may arise as foreign investors can claim that such policies affect their economic interests thereby breaching investment treaty provisions. Given the extraordinary increase of foreign direct investment (FDI) flows in recent years, the privileged regime created by international investment law within the boundaries of the host state has increasingly determined a tension between investors' rights and cultural heritage protection. In some cases, foreign investors have claimed that cultural policies negatively affected their investment, thereby amounting to indirect expropriation. In other cases, the investors alleged discrimination and/or violation of the fair and equitable treatment standard. In sum, there is a variety of potential conflict areas between investor rights and cultural policies. The interplay between investor's rights and cultural heritage protection raises a number of questions. First, have arbitral tribunals paid any attention to cultural heritage? If so, how have they balanced investors' rights and the cultural policies of the host State? Second, what implications, if any, can be drawn from this emerging case law with regard to the current debate on the unity or fragmentation of international law? Third, have arbitral tribunals conformed to existing adjudicative patterns of other courts and tribunals on cultural heritage issues? This study aims to address these questions by mapping the uncharted land of cultural heritage related disputes. After defining the concept of cultural heritage disputes, this study analyzes and critically assesses the cultural heritage related disputes and explores some legal options to reconcile the different interests at stake. Finally some conclusions will be drawn.
Cultural Heritage In International Economic Law
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Author : Valentina Vadi
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2023-03-27
Cultural Heritage In International Economic Law written by Valentina Vadi and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-03-27 with Business & Economics categories.
Can cultural heritage be adequately protected vis-à-vis economic globalization? This book investigates whether and how international economic law governs cultural phenomena by mapping the relevant legal framework, discussing the relevant disputes concerning cultural elements adjudicated before international economic ‘courts’ (namely the World Trade Organization adjudicative bodies and investment treaty arbitral tribunals), and proposing legal methods to reconcile cultural and economic interests. It thus provides a comprehensive evaluation of possible solutions, including evolution of the law through treaty interpretation and reforms, to improve the balance between economic governance and cultural policy objectives.
The Multilateralization Of International Investment Law
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Author : Stephan W. Schill
language : en
Publisher: Cambridge University Press
Release Date : 2009-08-20
The Multilateralization Of International Investment Law written by Stephan W. Schill and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-08-20 with Law categories.
The book argues that international investment law is a structured body of law based on uniform principles of investment protection.