The Investment Treaty Regime And Public Interest Regulation In Africa
DOWNLOAD
Download The Investment Treaty Regime And Public Interest Regulation In Africa PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get The Investment Treaty Regime And Public Interest Regulation In Africa book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
The Investment Treaty Regime And Public Interest Regulation In Africa
DOWNLOAD
Author : DOMINIC. DAGBANJA
language : en
Publisher: Oxford University Press
Release Date : 2022-08-11
The Investment Treaty Regime And Public Interest Regulation In Africa written by DOMINIC. DAGBANJA 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 2022-08-11 with Africa categories.
A large amount of foreign direct investment (FDI) has been poured into Africa in recent decades and these investments can come with adverse effects on the environment, human rights, and development. At the same time, investment treaties, entered into by African states and aimed at promoting and protecting FDI, seriously limit those states' ability to regulate such activities in the interests of affected communities. Whilst these tensions have generated global debate, little attention has been paid to the legal status of many of these investment treaties, and whether - given their constitutional and customary international law obligations to act in the public interest - African states truly have the capacity to conclude treaties which contain standards of investment protection expressly preventing or unduly abridging the exercise of their regulatory authority. Focusing on this question, The Investment Treaty Regime and Public Interest Regulation in Africa presents The Imperatives Theory: a legal, normative, and principled framework for rethinking the legal status, making, and reform of investment treaties and investment dispute settlement in Africa, with relevant and significant implications for the global investment treaty regime.
International Investment Law And Policy In Africa
DOWNLOAD
Author : Fola Adeleke
language : en
Publisher: Routledge
Release Date : 2017-09-08
International Investment Law And Policy In Africa written by Fola Adeleke and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-08 with Business & Economics categories.
This book studies the international investment law regime in Africa and provides a comprehensive analysis of the current treaty practices in Africa from global, regional and domestic perspectives. It develops a public interest regulation theory to highlight the role of investment regulation in sustainable development and the protection of human rights. In doing so, the book identifies seven factors that should be considered by arbitrators in resolving international investment disputes that affect the public interest. It considers how corporations can be held accountable through investment treaties in the absence of a global treaty on business and human rights while protecting the rights of investors and their investments. Furthermore, the book explores the current objectives and features of investor-state dispute settlement (ISDS) as well as the deficiencies and its intersection with the rule of law. It identifies alternatives for ISDS and the extent to which these alternatives address the objectives of attracting investment, depoliticise investment disputes, promote the rule of law and offer remedies to investors. These solutions are offered in relation to the protection of human rights, the promotion of sustainable development and the right of states to introduce domestic public interest regulation. Finally, the book takes a prospective stance and discusses future trends for dispute settlement and investment rulemaking in Africa.
African Perspectives In International Investment Law
DOWNLOAD
Author : Yenkong Ngangjoh Hodu
language : en
Publisher: Manchester University Press
Release Date : 2020-12-15
African Perspectives In International Investment Law written by Yenkong Ngangjoh Hodu and has been published by Manchester University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-15 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 of 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.
The Investment Treaty Regime And Public Interest Regulation In Africa
DOWNLOAD
Author : Dominic Npoanlari Dagbanja
language : en
Publisher: Oxford University Press
Release Date : 2022-07-14
The Investment Treaty Regime And Public Interest Regulation In Africa written by Dominic Npoanlari Dagbanja 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 2022-07-14 with Law categories.
A large amount of foreign direct investment (FDI) has been poured into Africa in recent decades and these investments can come with adverse effects on the environment, human rights, and development. At the same time, investment treaties, entered into by African states and aimed at promoting and protecting FDI, seriously limit those states' ability to regulate such activities in the interests of affected communities. Whilst these tensions have generated global debate, little attention has been paid to the legal status of many of these investment treaties, and whether - given their constitutional and customary international law obligations to act in the public interest - African states truly have the capacity to conclude treaties which contain standards of investment protection expressly preventing or unduly abridging the exercise of their regulatory authority. Focusing on this question, The Investment Treaty Regime and Public Interest Regulation in Africa presents The Imperatives Theory: a legal, normative, and principled framework for rethinking the legal status, making, and reform of investment treaties and investment dispute settlement in Africa, with relevant and significant implications for the global investment treaty regime.
The Right To Regulate In International Investment Law
DOWNLOAD
Author : Aikaterini Titi
language : en
Publisher:
Release Date : 2014-04-30
The Right To Regulate In International Investment Law written by Aikaterini Titi and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-04-30 with Capital investments categories.
La 4e de couverture indique : "Since the inception of the international investment law system, investment promotion and protection have been the raison d'être of investment treaties and states have confined their policy space in order to attract foreign investment and protect their investors abroad. Languishing in relative obscurity until recently, the right to regulate has gradually come to the spotlight as a key component of negotiations on new generation investment agreements around the globe. States and regional organisations, including, notably, the European Union and the United States, have started to examine ways in which to safeguard their regulatory power and guide - and delimit - the interpretive power of arbitral tribunals, by reserving their right to pursue specific public policy objectives. The monograph explores the status quo of the right to regulate, in order to offer an appraisal and a reference tool for treatymakers, thus contributing to a better understanding of the concept and the broader discourse on how to enhance the investment law system's legitimacy."
The Political Economy Of The Investment Treaty Regime
DOWNLOAD
Author : Jonathan Bonnitcha
language : en
Publisher: Oxford University Press
Release Date : 2017
The Political Economy Of The Investment Treaty Regime written by Jonathan Bonnitcha 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 2017 with Business & Economics categories.
Investment treaties are some of the most controversial instruments of global economic governance. This book integrates legal, economic, and political perspectives to offer the first comprehensive analysis of the political economy of the investment treaty regime, and contextualises the investment treaty regime in its broader socio-economic context.
Transparency In International Law
DOWNLOAD
Author : Andrea Bianchi
language : en
Publisher: Cambridge University Press
Release Date : 2013-11-07
Transparency In International Law written by Andrea Bianchi 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 2013-11-07 with Law categories.
While its importance in domestic law has long been acknowledged, transparency has until now remained largely unexplored in international law. This study of transparency issues in key areas such as international economic law, environmental law, human rights law and humanitarian law brings together new and important insights on this pressing issue. Contributors explore the framing and content of transparency in their respective fields with regard to proceedings, institutions, law-making processes and legal culture, and a selection of cross-cutting essays completes the study by examining transparency in international law-making and adjudication.
Human Rights In International Investment Law And Arbitration
DOWNLOAD
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.
There is a growing interplay between international investment law, arbitration and human rights. This book offers a systematic analysis of this interaction, exploring the role of principles of justice in investment law, comparing investment arbitration with other courts, and examining case studies on human rights.
Emerging Powers In The International Economic Order
DOWNLOAD
Author : Sonia E. Rolland
language : en
Publisher: Cambridge University Press
Release Date : 2021-03-11
Emerging Powers In The International Economic Order written by Sonia E. Rolland 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 2021-03-11 with Law categories.
The post-war liberal economic order seems to be crumbling, placing the world at an inflection point. China has emerged as a major force, and other emerging economies seek to play a role in shaping world trade and investment law. Might they band together to mount a wholesale challenge to current rules and institutions? Emerging Powers in the International Economic Order argues that resistance from the Global South and the creation of China-led alternative spaces will have some impact, but no robust alternative vision will emerge. Significant legal innovations from the South depart from the mainstream neoliberal model, but these countries are driven by pragmatism and strategic self-interest and not a common ideological orientation, nor do they intend to fully dismantle the current ordering. In this book, Sonia E. Rolland and David M. Trubek predict a more pluralistic world, which is neither the continued hegemony of neoliberalism nor a full blown alternative to it.
Shifting Paradigms In International Investment Law
DOWNLOAD
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.