Resistance And Change In The International Law On Foreign Investment
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Resistance And Change In The International Law On Foreign Investment
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Author :
language : en
Publisher:
Release Date : 2015
Resistance And Change In The International Law On Foreign Investment written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Investments, Foreign categories.
Since the 1990s, conflicts within international law on foreign investment have arisen as a result of several competing interests. The neoliberal philosophy ensured inflexible investment protection given by a network of investment treaties interpreted in an expansive manner, which led to states creating regulatory space over foreign investment. However, NGOs committed to single causes such as human rights and the environment protested against inflexible investment protection. The rise to prominence of arguments against the fragmentation of international law also affected the development of investment law as an autonomous regime. These factors have resulted in some states renouncing the system of arbitration and other states creating new treaties which undermine inflexible investment protection. The treaty-based system of investment protection has therefore become tenuous, and change has become inevitable. Emphasising the changes resulting from resistance to a system based on neoliberal foundations, this study looks at recent developments in the area.
Resistance And Change In The International Law On Foreign Investment
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Author : M. Sornarajah
language : en
Publisher: Cambridge University Press
Release Date : 2015-04-16
Resistance And Change In The International Law On Foreign Investment written by M. Sornarajah 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 2015-04-16 with Business & Economics categories.
Explores the political context of the rapid changes in the international law on foreign investment made through investment arbitration.
The International Law On Foreign Investment
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Author : M. Sornarajah
language : en
Publisher: Cambridge University Press
Release Date : 1994-08-18
The International Law On Foreign Investment written by M. Sornarajah 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 1994-08-18 with Law categories.
The author examines different techniques adopted by States for attracting foreign investment and for ensuring that foreign investment serves their economic objectives.
The International Law On Foreign Investment
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Author : M. Sornarajah
language : en
Publisher: Cambridge University Press
Release Date : 2010-05-06
The International Law On Foreign Investment written by M. Sornarajah 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 2010-05-06 with Law categories.
This book is a thought-provoking and authoritative text on this fast moving field of international law.
Alternative Visions Of The International Law On Foreign Investment
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Author : C. L. Lim
language : en
Publisher:
Release Date : 2016
Alternative Visions Of The International Law On Foreign Investment written by C. L. Lim and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Investments, Foreign categories.
This book is about the forces that are reshaping the international law on foreign investment today. It begins by explaining the liberal origins of contemporary investment treaties before addressing a current backlash against these treaties and the device of investment arbitration. The book describes a long-standing legal-intellectual resistance to a neo-liberal global economic agenda, and how tribunals have interpreted various treaty standards instead. It introduces our reader to the changes now taking place in the design of a range of familiar treaty clauses, and it describes how some of these changes are now driven not only by developing and emerging economies but also by the capital-exporting nations. Finally, it explores the life, career and writings of Muthucumaraswamy Sornarajah, a scholar whose work has been dedicated to the realisation of many of these changes, and his views about the hold global capital has over legal practice.
International Investment Law
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Author : Surya P Subedi QC
language : en
Publisher: Bloomsbury Publishing
Release Date : 2012-08-01
International Investment Law written by Surya P Subedi QC and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-01 with Law categories.
This book offers an up-to-date, scholarly overview of the law of foreign investment, incorporating a thorough and succinct analysis of the principles and standards of treatment available to foreign investors in international law. It is authoritative and multi-layered, offering an analysis of the key issues and an insightful assessment of recent trends in the case-law, from both developed and developing country perspectives. A major feature of the book is that it deals with the tension between the law of foreign investment and other competing principles of international law. In doing so, it proposes ways of achieving a balance between these principles and the need to protect the legitimate rights and expectations of foreign investors on the one hand, and the need not to unduly restrict the right of host governments to implement their public policy, including the protection of the environment and human rights, and the promotion of social and economic justice within the host country, on the other. Since the first edition was published a number of landmark decisions have been produced by various international investment tribunals, calling for an update in what is a fast growing and rapidly changing investment environment. In addition, scholars and other actors, both non-governmental and inter-governmental, have responded to the agenda set by the first edition of this book; thus the second edition also reflects on the work of some of these major actors in the field. This is perhaps the first book of its type authored by an international lawyer who has taught, researched and advised in both the developed and developing world over the past 25 years. The wealth of experience he brings to the task enables him to develop unique insights into the interplay between the law, economics and politics of foreign investment, making this book essential reading for students, scholars, practitioners and diplomats interested in the contemporary law of foreign investment.
The International Law On Foreign Investment
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Author : M. Sornarajah
language : en
Publisher: Cambridge University Press
Release Date : 2017-08-11
The International Law On Foreign Investment written by M. Sornarajah 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 2017-08-11 with Law categories.
Following the Trans-Pacific Partnership (TPP) and Transatlantic Trade and Investment Partnership (TTIP), the demonstrations against investor-state arbitration and the wide discussion during the 2016 US presidential election, the climate surrounding foreign investment law is one of controversy and change, and with implications for human rights and environmental protection, foreign investment law has gained widespread public attention and visibility. Addressing the pressing need to examine foreign investment law in the context of public international law, the role of the multinational corporation in foreign investment and issues of liability for environmental and other damage, this new edition analyses contractual and treaty-based methods of investment protection and examines the effectiveness of bilateral and regional investment treaties. By offering thought-provoking analysis of the law in historical, political and economic contexts, this fully updated edition of Sornarajah's classic text captures leading trends and charts the possible course of future developments. Suitable for postgraduate and undergraduate students, The International Law on Foreign Investment is essential reading for anyone specialising in the law of foreign investments.
The International Law On Foreign Investment
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Author : M. Sornarajah
language : en
Publisher: Cambridge University Press
Release Date : 2021-07-01
The International Law On Foreign Investment written by M. Sornarajah 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 2021-07-01 with Law categories.
The climate surrounding foreign investment law is one of controversy and change, and with implications for human rights and environmental protection, foreign investment law has gained widespread public attention and visibility. This fully updated edition of Sornarajah's classic text offers thought-provoking analysis of the law in historical, political and economic contexts, capturing leading trends and charting the possible course of future developments. It takes into account the newer types of treaties that establish a regulatory space for states and moves away from inflexible investment protection, exploring the newly created defences relating to environment, human rights, indigenous rights and other areas ending the fragmentation of the law. It looks at the current debates on legitimacy of the system and current efforts at reform. Suitable for postgraduate and undergraduate students, The International Law on Foreign Investment is essential reading for anyone specialising in the law of foreign investments.
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.
International Investment Law A Changing Landscape A Companion Volume To International Investment Perspectives
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Author : OECD
language : en
Publisher: OECD Publishing
Release Date : 2005-09-06
International Investment Law A Changing Landscape A Companion Volume To International Investment Perspectives written by OECD and has been published by OECD Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-09-06 with categories.
Presents four studies on international investment law: one on transparency, one on the fair and equitable treatment standard, one on indirect expropriation and the right to regulate, and one on most favoured nation treatment.