Sustainable Development in EU Foreign Investment Law
Title | Sustainable Development in EU Foreign Investment Law PDF eBook |
Author | Stefanie Schacherer |
Publisher | BRILL |
Total Pages | 473 |
Release | 2021-08-24 |
Genre | Law |
ISBN | 900446588X |
Sustainable Development in EU Foreign Investment Law offers a clear and convincing assessment of how the EU contributes to the ongoing debate on sustainable development integration in international investment agreements.
Sustainable Development in World Investment Law
Title | Sustainable Development in World Investment Law PDF eBook |
Author | Marie-Claire Cordonier Segger |
Publisher | Kluwer Law International B.V. |
Total Pages | 978 |
Release | 2011-01-01 |
Genre | Law |
ISBN | 9041131663 |
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.
EU Human Rights, International Investment Law and Participation
Title | EU Human Rights, International Investment Law and Participation PDF eBook |
Author | Vivian Kube |
Publisher | Springer |
Total Pages | 329 |
Release | 2019-08-02 |
Genre | Law |
ISBN | 3030206076 |
This book demonstrates how human rights obligations of the EU foreign constitution can be operationalized in the realm of international economic regulation. The content is divided into three major parts. The first outlines the legal foundations needed for the EU to become a shaper of international investment law, which include the general principles and objectives of EU external policies, the Charter of Fundamental Rights, international human rights and the international investment competences of the EU. The second part demonstrates the current international investment regime’s incompatibility with human rights interests, while the third analyzes two mechanisms stemming from trade Law – ex-ante human rights impact assessments and civil society monitoring bodies – and explores whether they could mitigate the current inequalities in the protection of rights. The potential of these mechanisms, the book argues, lies in their capacity to ensure a comprehensive assessment of all interests at stake, and to empower traditionally marginalized rights-holders to make, shape and contest the international investment regime.
Sustainable Trade, Investment and Finance
Title | Sustainable Trade, Investment and Finance PDF eBook |
Author | Clair Gammage |
Publisher | Edward Elgar Publishing |
Total Pages | 384 |
Release | 2019 |
Genre | Law |
ISBN | 1788971043 |
Sustainable development remains a high priority in international politics, as governments seek new methods of managing the consumption of resources while maintaining national economic growth. This timely book explores how the contours and facets of sustainability shape international laws and regulations that govern trade, investment and finance.'
Transforming World Trade and Investment Law for Sustainable Development
Title | Transforming World Trade and Investment Law for Sustainable Development PDF eBook |
Author | Ernst-Ulrich Petersmann |
Publisher | Oxford University Press |
Total Pages | 369 |
Release | 2022-03-24 |
Genre | Law |
ISBN | 0192672762 |
Transforming World Trade and Investment Law for Sustainable Development explains why the 2030 UN Sustainable Development Agenda for "Transforming our World"—aimed at realizing universal human rights and the17 agreed sustainable development goals (SDGs)—requires transforming the UN and WTO legal systems, as well as international investment law and adjudication. UN and WTO law protect regulatory competition between diverse neo-liberal, state-capitalist, European ordo-liberal, and developing countries' conceptions of multilevel trade and investment regulation. However, geopolitical rivalries and trade wars increasingly undermine transnational rule of law and effective regulation of market failures, governance, and constitutional failures. Protecting the WTO legal and dispute settlement system remains essential for SDGs such as climate change mitigation measures and access to medical supplies and vaccines in global health pandemics. Investment law and adjudication must better reconcile governmental duties to protect human rights and decarbonize economies with the property rights of foreign investors. The constitutional, human rights, and environmental litigation in Europe enhances the legal accountability of democratic governments for protecting sustainable development. However, European economic constitutionalism has been rejected by neoliberalism, China's authoritarian state-capitalism, and many developing countries' governments. The more that regional economic orders (like the China-led Belt and Road networks) reveal heterogeneity and power politics block UN and WTO reforms, the more the US-led neoliberal world order risks disintegrating. UN and WTO law must promote private-public network governance and civil society participation in order to stabilize and de-politicize multilevel governance that protects SDGs and global public goods.
Investment Law within International Law
Title | Investment Law within International Law PDF eBook |
Author | Freya Baetens |
Publisher | Cambridge University Press |
Total Pages | 569 |
Release | 2013-08-01 |
Genre | Law |
ISBN | 1107434912 |
Developments within various sub-fields of international law influence international investment law, but changes in investment law also have an impact on the evolution of other fields within international law. Through contributions from leading scholars and practitioners, this book analyses specific links between investment law and other sub-fields of international law such as the law on armed conflict, human rights, sustainable development, trade, development and EU law. In particular, this book scrutinises how concepts, principles and rules developed in the context of such sub-fields could inform the content of investment law. Solutions aimed at resolving problems in other settings may provide instructive examples for addressing current problems in the field of investment law, and vice versa. The underlying question is whether key sub-fields of public international law, notably international investment law, are open to cross-fertilisation, or, whether they are evolving further into self-contained regimes.
International Law and Sustainable Development
Title | International Law and Sustainable Development PDF eBook |
Author | Nico J. Schrijver |
Publisher | BRILL |
Total Pages | 749 |
Release | 2004-08-10 |
Genre | Law |
ISBN | 9047406702 |
'This masterly written collection, from many experts, focuses on the efforts of policy makers, as well as regional and national interest groups, to invoke International Law as the tool for realizing the objectives of sustainable development. The authors provide a rich vein of recent State and organizational practices that can be profitably mined by both academics and practitioners exploring contemporary perspectives.' ASIL Newsletter UN21 Interest Group, June 2005.