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Foreign Investment Human Rights And The Environment

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Foreign Investment Human Rights And The Environment

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Author : Shyami Fernando Puvimanasinghe
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2007

Foreign Investment Human Rights And The Environment written by Shyami Fernando Puvimanasinghe 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 2007 with Law categories.

Events like the Bhopal disaster, the sale of products harmful to human health and safety, and child labour, especially in resource-scarce settings, raise fundamental issues of human dignity and ecological integrity. From a legal perspective, and in the context of Foreign Direct Investment by Transnational Corporations in developing countries, they highlight the lacuna of a holistic international legal framework and its implementation. This book embodies a critique of the complex web of public international law principles on economics, human rights and the environment, and their convergence or lack thereof, related regional (South Asian) and domestic (Sri Lankan) legal arrangements, interventions of states and non-state actors towards just, equitable and sustainable development. It is a quest for a middle path in the multidisciplinary landscape of international law, development and North-South power dynamics; globalization of free trade and investment and of social and environmental interests; and salient aspects of the philosophical, socio-economic and legal fabric of South Asia, viewed against the evolving, controversial and elastic sphere of international relations and law where consensus has hitherto been an elusive dream.

Foreign Investment Human Rights And The Environment

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Author : Shyami Puvimanasinghe
language : en
Publisher: BRILL
Release Date : 2007-05-11

Foreign Investment Human Rights And The Environment written by Shyami Puvimanasinghe and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-05-11 with Law categories.

International Investment For Sustainable Development

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Author : Lyuba Zarsky
language : en
Publisher: Routledge
Release Date : 2012-05-23

International Investment For Sustainable Development written by Lyuba Zarsky and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-05-23 with Business & Economics categories.

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.

Foreign Investment And The Environment In International Law

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Author : Jorge E. Viñuales
language : en
Publisher: Cambridge University Press
Release Date : 2012-09-13

Foreign Investment And The Environment In International Law written by Jorge E. Viñuales 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 2012-09-13 with Law categories.

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.

Foreign Investment International Law And Common Concerns

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Author : Tullio Treves
language : en
Publisher: Routledge
Release Date : 2013-10-23

Foreign Investment International Law And Common Concerns written by Tullio Treves and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-23 with Law categories.

Increasingly, transnational corporations, developed countries and private actors are broadening the boundaries of their investments into new territories, in search of a higher return on capital. This growth in direct foreign investment involves serious concerns for both the investor and host state. Various exponents of international civil society and non-governmental organisations persuasively claim that such growth in foreign investments constitutes potential and serious hazards both to the environment and the fundamental rights and freedoms of local populations. This book explores from an international law perspective the complex relationship between foreign investments and common concerns, i.e. values that do not coincide, or do not necessarily coincide, with the interests of the investor and of the host state. It pays particular attention to the role of the main international development banks in reconciling the needs of foreign investors with the protection of common concerns, such as the environment, human rights and labour rights. Among its collection of essays, the volume asks how much "regulatory space" investment law leaves; whether international investment law is an effective means of balancing contrasting interests, and whether investment arbitration currently constitutes a mechanism of global governance. In collecting the outlooks of various experts in human rights, environmental and international economic law, this book breaks new ground in exploring how attention to its legal aspects may help in navigating the relationship between foreign investment and common concerns. In doing so, the book provides valuable insights into the substantive issues and institutional aspects of international investment law.

Harnessing Foreign Investment To Promote Environmental Protection

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Author : Pierre-Marie Dupuy
language : en
Publisher: Cambridge University Press
Release Date : 2013-03-14

Harnessing Foreign Investment To Promote Environmental Protection written by Pierre-Marie Dupuy 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 2013-03-14 with Law categories.

Harnessing Foreign Investment to Promote Environmental Protection investigates the main challenges facing the implementation of environmental protection and the synergies between foreign investment and environmental protection. Adopting legal, economic and political perspectives, the contributing authors analyse the various incentives which encourage foreign investment into pro-environment projects (such as funds, project-finance, market mechanisms, payments-for-ecosystem services and insurance) and the safeguards against its potentially harmful effects (investment regulation, CSR and accountability mechanisms, contracts and codes of conduct).

Human Rights Natural Resource And Investment Law In A Globalised World

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Author : Lorenzo Cotula
language : en
Publisher: Routledge
Release Date : 2012-03-12

Human Rights Natural Resource And Investment Law In A Globalised World written by Lorenzo Cotula and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-12 with Business & Economics categories.

In the world’s developing countries, foreign investment in natural resources brings into contact competing interests that are often characterised by unequal balances of negotiating power – from multinational corporations and host governments, through to the local people affected by the influx of foreign investment. The growing integration of the world economy has been accompanied by rapid and extensive developments in the national and international norms that regulate investment and its impact – including investment law, natural resource law and human rights law. These legal developments affect the ‘shadow’ that the law casts over the multiple negotiations that characterise international investment projects in the developing world. Drawing on international law, the national law of selected jurisdictions and the contracts concluded in a large investment project, Human Rights, Natural Resource and Investment Law in a Globalised World explores the ways in which the law protects the varied property rights that are at play in foreign investment projects in developing countries, with a focus on Africa. Through an integrated analysis of seemingly disparate fields of law, this book sheds new light on how the law mediates the competing interests that come into contact as a result of economic globalisation, whilst also providing new insights on the changing nature of state sovereignty and on the relationship between law and power in a globalised world. This book will be of interest to scholars, students and informed practitioners working in the fields of international investment and human rights law, comparative law, socio-legal studies, and development studies.

International Natural Resources Law Investment And Sustainability

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Author : Shawkat Alam
language : en
Publisher: Routledge
Release Date : 2017-09-27

International Natural Resources Law Investment And Sustainability written by Shawkat Alam and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-27 with Law categories.

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.

International Investment Law And The Environment

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Author : Saverio Di Benedetto
language : en
Publisher: Edward Elgar Publishing
Release Date : 2013-10-31

International Investment Law And The Environment written by Saverio Di Benedetto and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-31 with Law categories.

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

Foreign Investment And The Environment In International Law

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Author : Jorge Viñuales
language : en
Publisher:
Release Date : 2012

Foreign Investment And The Environment In International Law written by Jorge Viñuales and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Environmental law, International categories.

"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"--

Foreign Investment Human Rights And The Environment

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