Transforming World Trade and Investment Law for Sustainable Development, Petersmann, Ernst-Ulrich (Emeritus Professor, Emeritus Professor, European University Institute)
Автор: Jola Gjuzi Название: Stabilization Clauses in International Investment Law ISBN: 3319972316 ISBN-13(EAN): 9783319972312 Издательство: Springer Рейтинг: Цена: 23757.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book analyzes the tension between the host state’s commitment to provide regulatory stability for foreign investors – which is a tool for attracting FDI and generating economic growth – and its evolving non-economic commitments towards its citizens with regard to environmental protection and social welfare. The main thesis is that the ‘stabilization clause/regulatory power antinomy,’ as it appears in many cases, contradicts the content and rationale of sustainable development, a concept that is increasingly prevalent in national and international law and which aims at the integration and balancing of economic, environmental, and social development. To reconcile this antinomy at the decision-making and dispute settlement levels, the book employs a ‘constructive sustainable development approach,’ which is based on the integration and reconciliation imperatives of the concept of sustainable development as well as on the application of principles of law such as non-discrimination, public purpose, due process, proportionality, and more generally, good governance and rule of law. It subsequently re-conceptualizes stabilization clauses in terms of their design (ex-ante) and interpretation (ex-post), yielding stability to the benefit of foreign investors, while also mitigating their negative effects on the host state’s power to regulate.
Описание: This book explores how trade and foreign investment can be harnessed to achieve the 2030 Sustainable Development Goals. Its multi-disciplinary approach will appeal to economists, lawyers and political scientists who work on economic globalization and/or development, as well as domestic and international policymakers.
Автор: Cordonier Segger, Marie-Claire Название: Crafting Trade and Investment Accords for Sustainable Development ISBN: 019883134X ISBN-13(EAN): 9780198831341 Издательство: Oxford Academ Рейтинг: Цена: 18216.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book explores how trade and investment agreements can be used to promote sustainable development, including examples of innovative measures which have been adopted by States in regional and bilateral agreements. It looks at how international trade and investment law can contribute to achieving the UN Sustainable Development Goals.
Описание: This book explores how trade and foreign investment can be harnessed to achieve the 2030 Sustainable Development Goals. Its multi-disciplinary approach will appeal to economists, lawyers and political scientists who work on economic globalization and/or development, as well as domestic and international policymakers.
Автор: Chi, Manjiao (xiamen University, China) Название: Integrating sustainable development in international investment law ISBN: 1138187887 ISBN-13(EAN): 9781138187887 Издательство: Taylor&Francis Рейтинг: Цена: 22202.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book explores the challenges and possible solutions to make international investment law more compatible with sustainable development. Chi suggests the international investment agreements system should be reformed, and the provisions of the agreements redesigned. The book will interest scholars of international law, lawyers, and policy-makers.
Автор: M. Sornarajah Название: The International Law on Foreign Investment ISBN: 1108730868 ISBN-13(EAN): 9781108730860 Издательство: Cambridge Academ Рейтинг: Цена: 8237.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book is the first to define the field, tracing the major developments that have taken in the field, the criticisms made of the system and the proposals for its reform. This edition captures the major debates that are and have taken place in the area.
Автор: Ho, Jean (national University Of Singapore) Название: State responsibility for breaches of investment contracts ISBN: 1108402437 ISBN-13(EAN): 9781108402439 Издательство: Cambridge Academ Рейтинг: Цена: 6019.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This is a compact, yet detailed, study mapping out an underexplored subset of the law of state responsibility, dedicated to contractual protection. It will appeal to scholars, practitioners and students of international investment law, as well as public international lawyers generally.
Автор: Lim, C. L. (the Chinese University Of Hong Kong) Ho, Jean (national University Of Singapore) Paparinskis, Martins (university College London) Название: International investment law and arbitration ISBN: 1108823203 ISBN-13(EAN): 9781108823203 Издательство: Cambridge Academ Рейтинг: Цена: 8078.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: A fully revised new edition which brings together awards and other key materials with up-to-date commentary explaining the past, current and potential developments in arbitral jurisprudence and current reform debates. Includes a new chapter critical to understanding calls for arbitration reform, and over 60 additional awards and judicial decisions.
Автор: Jean Ho, Mavluda Sattorova Название: Investors` International Law ISBN: 1509937919 ISBN-13(EAN): 9781509937912 Издательство: Bloomsbury Academic Рейтинг: Цена: 15048.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
This book is the first book-length analysis of investor accountability under general and customary international law, international human rights law, international environmental law, international humanitarian law, as well as international investment law.
International investment law is currently facing growing criticisms for its failure to address corruption, abuse, environmental damage, and other forms of investor misconduct. Reform initiatives range from the rejection of international law as a governing regime for investors, to the dramatic overhaul of investment treaties that supposedly enable investor overprotection, to the creation of a multilateral international instrument that would enable the litigation of claims against errant businesses before an international tribunal. Whether these initiatives succeed in disciplining investors remains to be seen. What these initiatives undeniably show however, is that change is warranted to counteract this lopsided investors' international law. Each chapter in the book addresses a different and underexplored dimension of investor accountability, thus offering a novel and consolidated study of international law. The book will be of immense assistance to legal practitioners, academics and policy makers involved in the design, drafting, application and reform of various international instruments addressing investor accountability.
This book explores the ways to 'rethink', 'repackage' and 'rescue' world trade law in the post-COVID-19 era. Using the COVID-19 pandemic as an important context, the book makes original and critical contributions to the growing debate over a range of emerging challenges and systemic issues that might change the landscape of world trade law in the years to come. The book asks: do these unprecedented times and challenges call for reengineering the world trading system and a further retreat from trade liberalisation?
The authors offer a rigorous and insightful analysis of whether and how the existing trade institutions and/or rules, including their latest developments, may provide room to deal with pandemic-induced trade-related issues, sustainable development goals, future crises and other existential threats to the multilateral trading system. The book reinforces the importance of international cooperation and the pressing need to reinvigorate the world trading system. The pandemic has provided a unique opportunity for governments to rebuild the political will needed for such cooperation. One should never let a serious crisis go to waste.
Автор: Beas Rodrigues, Jr Название: The General Exception Clauses of the TRIPS Agreement ISBN: 1107536162 ISBN-13(EAN): 9781107536166 Издательство: Cambridge Academ Рейтинг: Цена: 6019.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Aimed at students, scholars, legal professionals and policy-makers dedicated to intellectual property issues, this book aims to solve potential conflicts between intellectual property rights, human rights and free competition through the adoption of legislative and judicial exceptions to intellectual property rights.
Описание: In the Bretton Woods era, trade liberalization, the improvement of labour rights and working conditions, and the strengthening of environmental policies, were seen as mutually supportive. But is this always true? Can we continue to pretend to protect the rights of workers and to improve environmental protection, particularly through climate change mitigation strategies, within an agenda focused on trade liberalization? Is it credible to pursue trade policies that aim to expand the volumes of trade, without linking such policies to labour and environmental standards, seen as ‘non-trade’ concerns? This book asks these questions, offering a detailed analysis of whether linkage is desirable and legally acceptable under the disciplines of the World Trade Organization (WTO). It concludes that trade can work for sustainable development, but only if we see it as a means for social and environmental progress, including climate change mitigation, and if we avoid fetichizing it as an end to be pursued for its own sake.
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