Описание: The attempt to create a neoliberal regime of investment protection resulted in resistance and changes in the legal rules. This book analyses the nature of those changes, considers their adequacy and explores the scope for future changes. It also considers the possibility of change in terms of resistance to power.
Автор: Sornarajah, M. (national University Of Singapore) Название: The International law on foreign investment ISBN: 1107133629 ISBN-13(EAN): 9781107133624 Издательство: Cambridge Academ Рейтинг: Цена: 15998.00 р. Наличие на складе: Поставка под заказ.
Описание: A comprehensive survey of the quickly developing discipline of cognitive linguistics, its rich methodology, key results, and interdisciplinary context. Providing an accessible overview of research questions, basic concepts, and various theoretical approaches, the Handbook places linguistic facts in the context of gesture studies, neuroscience, computational approaches, and many other fields.
Описание: This book analyses the way in which international human rights law (IHRL) and international investment law (IIL) are deployed – or fail to be deployed – in conflict countries within the context of natural resources extraction. It specifically analyses the way in which IIL protections impact on the parallel protection of economic, social and cultural rights (ESC rights) in the host state, especially the right to water. Arguing that current responses have been unsatisfactory, it considers the emergence of the ‘Protect, Respect and Remedy’ framework and the Guiding Principles for Business and Human Rights (jointly the Framework) as a possible analytical instrument. In so doing, it proposes a different approach to the way in which the Framework is generally interpreted, and then investigates the possible applicability of this ‘recalibrated’ Framework to the study of the IHRL-IIL interplay in a host country in a protracted armed conflict: Afghanistan. Through the emblematic example of Afghanistan, the book presents a practical dimension to its legal analysis. It uniquely portrays the elusive intersection between these two bodies of international law within a host country where the armed conflict continues to rage and a full economic restructuring is taking place away from the public eye, not least through the deployment of IIL and the inaction – or merely partial consideration – of IHRL. The book will be of interest to academics, policy-makers, and practitioners of international organisations involved in IHRL, IIL and/or deployed in contexts of armed conflict.
Автор: Fach Gomez Katia, Gourgourinis Anastasios, Titi Catharine Название: International Investment Law and the Law of Armed Conflict ISBN: 3030107450 ISBN-13(EAN): 9783030107451 Издательство: Springer Рейтинг: Цена: 25155.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
Assessing the extent to which armed conflict impacts the obligations that states have towards foreign investors and their investments under international investment treaties requires considering a wide range of issues, many of which are systemic in nature. These include substantive and procedural topics, not only with regard to international investment law, but also concerning the law on the use of force, international humanitarian law and human rights law, the law of treaties, the law of state responsibility and the law of state succession.
This volume provides an in-depth assessment of the overlap between international investment law and the law of armed conflict by charting the terrain of the multifaceted and complex relationship between these two fields of public international law, fostering debate and offering novel perspectives on the matter.
Автор: Bonnitcha Название: Substantive Protection under Investment Treaties ISBN: 110761595X ISBN-13(EAN): 9781107615953 Издательство: Cambridge Academ Рейтинг: Цена: 6019.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Investment treaties confer generous rights on foreign investors. Substantive Protection under Investment Treaties provides the first systematic analysis of the consequences of such protections, and asks whether investment treaties should provide a higher or lower level of protection than they currently do.
Автор: Martins Paparinskis Название: Basic Documents on International Investment Protection ISBN: 1509907858 ISBN-13(EAN): 9781509907854 Издательство: Bloomsbury Academic Рейтинг: Цена: 14256.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: International law of foreign investment is a field of public international law that has attracted considerable attention by practitioners, academic, and policy-makers in the last two decades. Its key characteristic is the extent of substantive and procedural decentralisation: while often sharing certain structural elements, both substantive obligations and mechanisms of international dispute settlement are mostly opposable only between the particular parties, even when expressed in multilateral form. This makes a clear and comprehensive overview of the topic particularly important.The second edition adopts a new structure that hopefully better reflects the concurrence of various reform proposals regarding the future with the fairly stable stratum of instruments that inform the current practice. With this systemic dynamic in mind, the selected documents are divided into three parts: Past, Present, and Future. The Past sets out the legal background to modern investment protection law. The Present provides generalist international law materials (sources and responsibility), a selection of the more important instruments with substantive investment rules, and rules of international dispute settlement regarding investment protection. The Future (new for the second edition) lists a number of possible directions of future development, including a variety of approaches that maintain the traditional procedural kernel of investor-State arbitration as well as proposals for more significant change, with non-State actor involvement in dispute settlement either rejected or moulded into a judicial mechanism.This highly regarded book is aimed at teachers, students, practitioners, and policy-makers in the area. It can be used both as a practitioners' handbook and as a classroom companion for courses on international dispute settlement and investment protection law.
Автор: Reinisch, August Название: Standards of Investment Protection ISBN: 0199547432 ISBN-13(EAN): 9780199547432 Издательство: Oxford Academ Рейтинг: Цена: 22176.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This volume examines the standards of treatment, demanded from host states, that form the basis of contemporary international investment protection. Leading practitioners and academics analyse the interpretation of core standards in arbitration proceedings, and present the emerging judicial consensus shaping their practical application.
Описание: This book explores the use of economics in international economic law. Containing contributions from both academic experts and practitioners, and from economic and legal experts, the book is written in a language that is accessible to an interdisciplinary readership.
Описание: Investment treaty arbitration urgently requires a certain and consistent way of deciding regulatory disputes that pays due respect to the competing imperatives of investment protection and regulatory autonomy. Caroline Henckels argues that in such cases investment tribunals should employ proportionality analysis in combination with an institutionally sensitive standard of review.
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