This book moves from the circumstance whereby currently the obligation to provide
fair and equitable treatment (FET) to foreign investments is included in the majority of
international investment agreements and has proved to be the most invoked standard in
investor-State arbitration. Hence, it is no overstatement to describe this standard as the
basic norm of international investment law. Yet both its meaning and normative basis
continue to be shrouded in ambiguity and, as a consequence, to inspire a considerable
number of interpretations by legal writers. The book's precise aim is to unravel such
ambiguity, arguing from the idea that FET has become part of the fabric of general international
law, but has done so by means of a source somewhat neglected in legal doctrine.
This being the category of general principles peculiar to a certain field of international
law, i.e. those principles having their own foundations in the international legal order
itself, but which, through the mediation of the judge, end up being shaped according
to the features typical of a specific normative field. The book, as well as having a solid
theoretical backdrop as its basis, offers a careful and critical analysis of pertinent case
law, and will prove useful to both scholars and practitioners.
Fulvio Maria Palombino is Professor of International Law at the Law Department of the
University of Naples Federico II and a member of the Executive Board of the European
Society of International Law.
Автор: Cottier Название: Equitable Principles of Maritime Boundary Delimitation ISBN: 1107080177 ISBN-13(EAN): 9781107080171 Издательство: Cambridge Academ Рейтинг: Цена: 24235.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Analysing the role of equity in international law, the book offers a detailed case study on maritime boundary delimitation in the context of the enclosure movement in the law of the sea.
Описание: American communities are facing chronic problems: fiscal stress, urban decline, environmental sprawl, mass incarceration, political isolation, disproportionate foreclosures and severe public health risks. In The Price of Paradise, David Troutt argues that it is a lack of mutuality in our local decision making that has led to this looming crisis facing cities and local governments. Arguing that there are structural flaws in the American dream, Troutt investigates the role that place plays in our thinking and how we have organized our communities to create or deny opportunity. Legal rules and policies that promoted mobility for most citizens simultaneously stifled and segregated a growing minority by race, class and—most importantly—place. A conversation about America at the crossroads, The Price of Paradise is a multilayered exploration of the legal, economic and cultural forces that contribute to the squeeze on the middle class, the hidden dangers of growing income and wealth inequality and the literature on how growth and consumption patterns are environmentally unsustainable.
The Clean Development Mechanism (CDM) is widely regarded as one of the Kyoto Protocol's best creations and as an essential part of the international climate change regime. The CDM has been constantly evolving to ensure that it fulfils its objectives of mitigating climate change and contributing to sustainable development in developing countries. The over 6,000 registered projects under the CDM are estimated to have generated almost US$200 billion of investment in developing countries and are expected to achieve GHG emission reductions of about 6.8 billion tonnes. Nevertheless, the CDM is not perfect, and one of its main problems is the inequitable geographic distribution of projects among developing countries. Understandably, this is a problem that countries are very keen to address, and since 2001, even before the first project was registered, countries have been highlighting the need to ensure that projects are equitably distributed among participating countries.
This book looks at distributive justice under the CDM regime and focuses on the issue of equity in the geographic distribution of CDM projects among developing countries. The book investigates relevant aspects of international law to identify the legal characteristics of equitable distribution or distributive justice, in order to establish what equitable distribution in the CDM should look like. Based on these investigations, Tomilola Akanle Eni-Ibukun breaks new ground in defining equitable distribution under the CDM and exploring how key obstructions to the equitable distribution of projects may be overcome.
The book will be of particular interest to academics and policymakers of climate change and the CDM within international law.
Автор: Kurtz Название: The WTO and International Investment Law ISBN: 1107009707 ISBN-13(EAN): 9781107009707 Издательство: Cambridge Academ Рейтинг: Цена: 12195.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: International law has historically regulated foreign trade and foreign investment differently. Distinct evolutionary pathways have led to variances in treaty form, institutional culture, and dispute settlement. With their inevitable erosion through the late twentieth to early twenty-first centuries, those weak boundaries have become porous and indefensible. Powerful economic, legal and sociological factors are now pushing the two systems together. In this book, Jurgen Kurtz systematically explores the often complex and little-understood dynamics of this convergence phenomenon. Kurtz addresses the growing connections between international trade and investment law, proposing a theoretically grounded and doctrinally tractable framework to understand the deepening relationship between them. The book also offers reform ideas and possibilities, providing treaty negotiators and other government officials with a set of theoretical insights and doctrinal models that can guide actors in building a justifiable and sustainable level of commonality between the two legal systems.
Описание: This book presents comprehensive information on a range of issues in connection with the Fair and Equitable Treatment (FET) standard, with a particular focus on arbitral awards against host developing countries, thereby contributing to the available literature in this area of international investment law. It examines in detail the interpretation of the FET standard of key arbitral awards affecting host developing countries, demonstrating the full range of interpretation approaches adopted by the current investment tribunals. At the same time, the book offers valuable practical guidance for counsels/scholars representing host developing countries in investment arbitration, where balancing the competing interests of the foreign investors and the host developing countries in investment disputes poses a complex challenge. The book puts forward the pressing need for a re-conceptualized interpretation of the FET standard in tune with the developmental issues and challenges faced by host developing countries, recognizing these countries’ particular perspectives as an important and relevant aspect of investment disputes (often ignored by the current investment tribunals), while continuing to ensure reasonable protections for foreign investors and therefore serving the needs of the system as whole. The findings presented here will greatly benefit host developing countries engaged in investment arbitration. In addition, the book offers an insightful guide for all researchers whose work involves investment law and investment arbitration issues.
Описание: As one of the most rapidly growing fields of international law, fair and equitable treatment is central to international investment law. This book sheds light on the many controversial questions at the heart of general international law which have been raised by breaches of this norm in investor-state disputes.
Автор: Ciar?n Burke Название: An Equitable Framework for Humanitarian Intervention ISBN: 1849464049 ISBN-13(EAN): 9781849464048 Издательство: Bloomsbury Academic Рейтинг: Цена: 15048.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book aims at the resolution of the dilemma regarding whether armed intervention as a response to gross human rights violations is ever legally justified without Security Council authorisation.
Автор: Hepburn, Jarrod, Название: Domestic law in international investment arbitration / ISBN: 0198785739 ISBN-13(EAN): 9780198785736 Издательство: Oxford Academ Рейтинг: Цена: 18612.00 р. Наличие на складе: Поставка под заказ.
Описание: Domestic law often plays an important role in investment treaty arbitration, but how it should be addressed is unclear. Drawing on case law, international law principles, and comparative analysis, this book sets out a framework for engaging with domestic law.
Автор: Demirkol, Berk Название: Judicial acts and investment treaty arbitration ISBN: 1316648206 ISBN-13(EAN): 9781316648209 Издательство: Cambridge Academ Рейтинг: Цена: 5069.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book examines judicial acts infringing the rights of foreign investors that can give rise to international responsibility of the state. It addresses legal issues that will be of interest to academics, researchers, and practitioners working in the area of public international law and, particularly, in international investment law.
Автор: Cox Johanne Название: Expropriation in Investment Treaty Arbitration ISBN: 0198804911 ISBN-13(EAN): 9780198804918 Издательство: Oxford Academ Рейтинг: Цена: 26928.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This work provides a comprehensive guide to expropriation and how it is applied in practice. It offers detailed examination of existing case law and explores the interplay between expropriation and other standards of treaty protection.
Описание: Covering both incentives (funds, project-finance, market mechanisms, payments for ecosystem services, insurance) and safeguards (investment regulation, CSR and accountability mechanisms, contracts, codes of conduct), this volume investigates the synergies between foreign investment and environmental protection from legal, economic and political perspectives.
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