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Private Actors in International Investment Law

Private Actors in International Investment Law PDF Author: Katia Fach Gómez
Publisher: Springer Nature
ISBN: 3030483932
Category : Law
Languages : en
Pages : 263
Book Description
This book presents the first critical review of the less frequently addressed stakeholders in international investment law. Focusing on private actors, including but not limited to lawyers, experts, funders, civil society, the media and scholars, the book highlights the variety of actors that help shape international investment law and demonstrates how best to manage their interactions in order to achieve synergies and enhance the legitimacy of this pluralistic field.

Private Actors in International Investment Law

Private Actors in International Investment Law PDF Author: Katia Fach Gómez
Publisher: Springer Nature
ISBN: 3030483932
Category : Law
Languages : en
Pages : 263
Book Description
This book presents the first critical review of the less frequently addressed stakeholders in international investment law. Focusing on private actors, including but not limited to lawyers, experts, funders, civil society, the media and scholars, the book highlights the variety of actors that help shape international investment law and demonstrates how best to manage their interactions in order to achieve synergies and enhance the legitimacy of this pluralistic field.

Foreign Investment, International Law and Common Concerns

Foreign Investment, International Law and Common Concerns PDF Author: Tullio Treves
Publisher: Routledge
ISBN: 9781138935198
Category : Law
Languages : en
Pages : 400
Book Description
Increasingly, transnational corporations, developed countries and private actors are broadening the boundaries of their investments into new territories, in search of a higher return on capital. This growth in direct foreign investment involves serious concerns for both the investor and host state. Various exponents of international civil society and non-governmental organisations persuasively claim that such growth in foreign investments constitutes potential and serious hazards both to the environment and the fundamental rights and freedoms of local populations. This book explores from an international law perspective the complex relationship between foreign investments and common concerns, i.e. values that do not coincide, or do not necessarily coincide, with the interests of the investor and of the host state. It pays particular attention to the role of the main international development banks in reconciling the needs of foreign investors with the protection of common concerns, such as the environment, human rights and labour rights. Among its collection of essays, the volume asks how much "regulatory space" investment law leaves; whether international investment law is an effective means of balancing contrasting interests, and whether investment arbitration currently constitutes a mechanism of global governance. In collecting the outlooks of various experts in human rights, environmental and international economic law, this book breaks new ground in exploring how attention to its legal aspects may help in navigating the relationship between foreign investment and common concerns. In doing so, the book provides valuable insights into the substantive issues and institutional aspects of international investment law.

Transnational Actors in International Investment Law

Transnational Actors in International Investment Law PDF Author: Anastasios Gourgourinis
Publisher: Springer Nature
ISBN: 3030606791
Category : Law
Languages : en
Pages : 192
Book Description
This book reviews for the first time some of the less frequently addressed actors in international investment law. Traditional studies concerning actors in international investment law have tended to focus on arbitrators, claimant investors and respondent states. This book explores transnational actors, such as UNCITRAL, the EU, international standardizing bodies, domestic and international courts and tribunals, etc., shedding light on their transnational activity and pluralistic role in international investment law.

Shareholders' Claims for Reflective Loss in International Investment Law

Shareholders' Claims for Reflective Loss in International Investment Law PDF Author: Lukas Vanhonnaeker
Publisher: Cambridge University Press
ISBN: 1108489435
Category : Law
Languages : en
Pages : 431
Book Description
This book studies shareholders' claims for reflective loss and explains why they are justified in international investment law.

International Investment Law and Globalization

International Investment Law and Globalization PDF Author: Jean-Michel Marcoux
Publisher: Routledge
ISBN: 0429946996
Category : Law
Languages : en
Pages : 260
Book Description
In a context of neoliberal globalization, have the processes of elaboration and implementation of foreign investors' responsibilities by intergovernmental organizations reached the realm of legality? Using an analytical framework and a methodology that combines international law with international relations, this book provides a twofold answer to this question. First, it demonstrates that the normative integration of foreign investors' responsibilities in international investment law is fragmented and consistent with the interests of the most powerful actors. Second, while using the interactional theory of international law to assess the normative character of several international instruments elaborated and implemented by intergovernmental organizations, it highlights the sense of obligation that each instrument generates. The analysis demonstrates that such a codification process is marked by relations of power and has resulted in several social norms, with relatively few legal norms.

Power and Pluralism in International Law

Power and Pluralism in International Law PDF Author: Edward S. Cohen
Publisher: Routledge
ISBN: 1000554201
Category : Law
Languages : en
Pages : 248
Book Description
Demonstrating the crucial role that private international law and legality has played and continues to play in shaping globalization, this book argues that the rules, institutions, and actors that make up the practice of private international law have been critical in translating political and economic power into legal regimes that have facilitated the processes of globalization. These processes depend on two fundamental types of socio-political action – the legal structuring of emerging transnational spaces and flows of goods, capital, and finance, and the legal-political reconfiguration of state power and priorities to facilitate the growth of these spaces and their penetration into national political-economic-and social spaces. While a variety of processes were involved in these forms of action, the material practices of private international law played a central role in this project of political economic reconstruction. Offering a theory of private international legality as a practice that intersects with and provides a vehicle for the mobilization of political and economic power, this book examines the construction and enrolment of private law expertise and the structural condition of pluralism in the global political economy to argue that private international law has helped construct a global political economy responsive to the priorities of powerful actors and resistant to the demands and interests of the rest of the world’s populations. It will be of interest to academics and students exploring the relationship between law, international political economy and the nature of state power.

Analogies in International Investment Law and Arbitration

Analogies in International Investment Law and Arbitration PDF Author: Valentina Vadi
Publisher: Cambridge University Press
ISBN: 1107093317
Category : Law
Languages : en
Pages : 319
Book Description
In recent years, concerns have arisen in investor-state arbitration with regard to the magnitude of the decision-making power allocated to investment treaty tribunals. This book explores whether the use of analogies can improve the functioning of such arbitration, and how such analogies might be drawn.

Yearbook on International Investment Law & Policy 2010-2011

Yearbook on International Investment Law & Policy 2010-2011 PDF Author: Karl P. Sauvant
Publisher: Oxford University Press
ISBN: 0199812357
Category : Law
Languages : en
Pages : 1082
Book Description
The Yearbook on International Investment Law & Policy 2010-2011 monitors current developments in international investment law and policy, focusing (in Part One) on recent trends and issues in foreign direct investment (FDI). Part Two then addresses the fundamental developments in European Union policy toward bilateral investment treaties, and annexes the key official European Union documents.

International Investment Law

International Investment Law PDF Author: Surya P Subedi QC
Publisher: Bloomsbury Publishing
ISBN: 1509936378
Category : Law
Languages : en
Pages : 304
Book Description
'...This book [...] goes beyond stating what the law is and focuses on controversies occurring within this area of the law... an excellent introduction to this complex area of international law for newcomers to the subject' Kate Miles, Australian International Law Journal The updated edition of this acclaimed book offers a critical overview of the law of foreign investment, incorporating a thorough analysis of the principles and standards of treatment available to foreign investors in international law. It is authoritative and multi-layered, offering an analysis of the key issues and an insightful assessment of recent trends in the case law, from both developed and developing country perspectives. A major feature of the book is that it deals with the tension between the law of foreign investment and other competing principles of international law. In doing so, it proposes ways of achieving a balance between these principles and the need to protect the legitimate rights and expectations of foreign investors on the one hand, and the need not to restrict unduly the right of host governments to implement their public policy on the other, including the protection of the environment and human rights, and the promotion of social and economic justice within the host country. Many of the pioneering ideas that were advanced in the first edition of this book in 2008 have been taken up by governments and international organisations in their attempts to reform the investor-State dispute settlement mechanism and strike a balance between different competing principles in developing international investment law. Accordingly, this fourth edition captures the essence of the ongoing multiple reform processes -either planned or envisaged – currently underway.

Cultural Heritage in International Investment Law and Arbitration

Cultural Heritage in International Investment Law and Arbitration PDF Author: Valentina Vadi
Publisher: Cambridge University Press
ISBN: 1107038480
Category : Law
Languages : en
Pages : 379
Book Description
Valentina Vadi assesses whether cultural heritage has and/or should have any relevance in international investment law and policy.