Rethinking Investment Law
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Rethinking Investment Law
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Author : David Schneiderman
language : en
Publisher: Oxford University Press
Release Date : 2024-02-09
Rethinking Investment Law written by David Schneiderman 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 2024-02-09 with Business & Economics categories.
There is no denying that the rules and enforcement mechanisms of investment law and arbitration reach deep into the regulatory and policy space of host states. Investment tribunals have the ability to second-guess all variety of state measures and, in doing so, have displayed a remarkable lack of restraint. Despite investment law's muscularity, without equal in international law, the prevailing orthodoxy treats investment law as a defensible and just restraint on government and politics. This volume helps to correct the prevailing view. Rethinking Investment Law illustrates how investment law protections for foreign investors constrains states and over-compensates investors. It offers a more balanced vision of how international law can protect all those affected, not just foreign investors. An expert set of contributors explain both the conventional law and its limitations. Their analysis shows that doctrines, now widely entrenched, in orthodox accounts of investment law could have taken, and could still take, a different turn. They offer a more respectful approach to states' roles and responsibilities to enact laws in the public interest. This text will be an illuminating read for students and academics in areas such as investment law and international economic law. It provides cutting-edge analysis for researchers, practitioners, and students seeking to understand and question the usual standards of treatment under investment treaties.
Rethinking Investment Law
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Author : David Schneiderman
language : en
Publisher:
Release Date : 2023
Rethinking Investment Law written by David Schneiderman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with Investments categories.
Investment law protections for foreign investors constrain states and compensate investors. With diverse contributions explaining the conventional law and its limitations, 'Rethinking Investment Law' seeks a more balanced vision of how international law can protect individuals in general, not just foreign asset owners.
Rethinking Investment Treaties For Sustainable Development
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Author : Xu Qian
language : en
Publisher:
Release Date : 2023
Rethinking Investment Treaties For Sustainable Development written by Xu Qian and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with categories.
Sustainable development in the fields of human rights and environment has been in the works for decades since its introduction by the Brundtland Commission Report in 1987. While the World Trade Organization has taken to incentivizing sustainable development, international investment law and arbitration are only catching up. Given the international efforts in recognizing sustainable development as an important national and international goal, it is important to propose legal solutions to incentivize sustainable development for foreign investors. At an international level, technical assistance for host states, and benefit schemes for investors who contribute to sustainable development through the adoption of internationally accepted principles and corporate social responsibility (CSR) have gained ground. However, sustainable development rarely finds its place in the current design of most international investment agreements (IIAs). This Article revisits the International Law Association “New Delhi Declaration of Principles of International Law Relating to Sustainable Development” to formulate concrete legal solutions for introducing sustainable development not only as a binding obligation for investors but also as an incentive to improve sustainability through self-monitoring rather than national or international enforcement.
Public Interests In International Investment Law
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Author : Qiang Ren
language : en
Publisher: Cambridge Scholars Publishing
Release Date : 2019-01-17
Public Interests In International Investment Law written by Qiang Ren and has been published by Cambridge Scholars Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-17 with Law categories.
Are conflicts between the ‘old capitalists’ and ‘new money’ manifest in today’s economy? Are investment treaties, which have traditionally been used to protect capital exporting states, now beginning to cause unwelcome side effects for them? International investment law has long been held as an economic and political instrument in the regime of international investment, with international investment treaties having been concluded to protect foreign investment and investors for a substantial period of time. However, the emerging new economic powers from the Third World are causing this to change. Taking the unique perspective of environmental protection in host states against states’ obligations to protect and promote foreign investments under the existing international investment treaty practice and dispute settlement practices, this book examines this inescapable conflict. This is the first major work in this field to interpret investment treaty provisions by introducing environmental reflection. It offers proposals for rethinking and reshaping the current pro-investor international investment law through taking up broad environmental exceptions.
Rethinking Investment Incentives
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Author : Ana Teresa Tavares-Lehmann
language : en
Publisher: Columbia University Press
Release Date : 2016-07-12
Rethinking Investment Incentives written by Ana Teresa Tavares-Lehmann and has been published by Columbia University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-12 with Business & Economics categories.
Governments often use direct subsidies or tax credits to encourage investment and promote economic growth and other development objectives. Properly designed and implemented, these incentives can advance a wide range of policy objectives (increasing employment, promoting sustainability, and reducing inequality). Yet since design and implementation are complicated, incentives have been associated with rent-seeking and wasteful public spending. This collection illustrates the different types and uses of these initiatives worldwide and examines the institutional steps that extend their value. By combining economic analysis with development impacts, regulatory issues, and policy options, these essays show not only how to increase the mobility of capital so that cities, states, nations, and regions can better attract, direct, and retain investments but also how to craft policy and compromise to ensure incentives endure.
World Trade And Investment Law Reimagined
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Author : Alvaro Santos
language : en
Publisher: Anthem Press
Release Date : 2019-06-28
World Trade And Investment Law Reimagined written by Alvaro Santos and has been published by Anthem Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-28 with Law categories.
World trade and investment law is in crisis: new and progressive ideas are needed. Rules that facilitated globalization and supported global economic growth are being challenged. A system of global governance that once seemed secure is now at risk as the United States ignores the rules while developing countries struggle to escape restrictions. Some want to tear global institutions and agreements down while others try desperately to maintain the status quo. Rejecting both options, a group of trade and investment law experts from 10 countries, South and North, have joined hands to propose ideas for a new world trade and investment law that would maintain global growth while distributing costs and benefi ts more fairly. Paying special attention to those who have suffered from trade dislocation and to restrictions that have hampered innovative growth strategies in developing countries, they outline a progressive trade and investment law agenda in World Trade and Investment Law Reimagined.
Sustainable Development In World Investment Law
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Author : Marie-Claire Cordonier Segger
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2011-01-01
Sustainable Development In World Investment Law written by Marie-Claire Cordonier Segger and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Law categories.
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.
Rethinking The Regulation Of International Foreign Investment
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Author : Akshat Agarwal
language : en
Publisher:
Release Date : 2023
Rethinking The Regulation Of International Foreign Investment written by Akshat Agarwal and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with categories.
This article analyses the global rethink in international investment law regimes by focussing on recent developments in Brazil, India and South Africa which, among developing countries, have witnessed major outflow and inflow foreign investment in recent years. It compares and contrasts these regimes and identifies certain trends that are relevant globally. Finally, it speculates what the possible impact of these developments could be.
Shifting Paradigms In International Investment Law
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Author : Steffen Hindelang
language : en
Publisher: Oxford University Press
Release Date : 2016-01-22
Shifting Paradigms In International Investment Law written by Steffen Hindelang 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 2016-01-22 with Law categories.
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.
African Perspectives In International Investment Law
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Author : Yenkong Ngangjoh Hodu
language : en
Publisher:
Release Date : 2024-11-26
African Perspectives In International Investment Law written by Yenkong Ngangjoh Hodu and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-11-26 with Law categories.
The tremendous growth in foreign direct investment (FDI) in Africa comes at a time when the field of international investment law and arbitration is witnessing a renewal. The investment has led to big business for law firms in the area of investment arbitration and the last decade has witnessed an increased number of investment treaties, proliferating investment disputes, the rise of mega-regional trade agreements and the negotiation of mega-regional infrastructure projects. Yet, while the argument in support of investment treaties as instruments to attract foreign direct investment is highly contested, many African countries are no doubt becoming more aware of the need to reshape the international investment architecture. This volume explores trends in FDI on the African continent, the benefits and challenges that FDI presents for African States, and Africa's participation in the international investment law regime. Featuring contributions from leading African international lawyers, arbitrators, jurists, academics and litigation experts, this landmark volume is the first of its kind to explore African perspectives in international investment law. Hodu and Mbengue bring together non-mainstream approaches to the debate on the nexus between foreign investment and development, addressing key conceptual issues that will define contemporary international investment law for decades to come. With insights and critical comments on the challenges of Africa's foreign investment climate and international investment law, this timely collection is essential reading for academics, students and practitioners alike.
