Bridging the Gap Between International Investment Law and the Environment PDF Download
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Author: Yulia Levashova
Publisher:
ISBN: 9789462365872
Category : LAW
Languages : en
Pages : 0
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Book Description
This book addresses the topical question on how national and international environmental concerns could be adequately integrated into international investment law. It covers the question whether international investment law restricts state sovereignty in an unacceptable way - in particular, the freedom of host states to develop national policies and regulation for the improvement of the environment. The book first analyzes the interaction between international investment law and the protection of the environment, on the basis of concepts such as sustainable development, fair and equitable treatment, and international responsibility. Secondly, several chapters discuss challenges which are encountered in attempts to integrate environmental concerns in investment policies in specific sectors and regions (e.g. climate change, water pollution, renewable and nuclear energy, and the European Union region). And, finally, specific case studies illustrate the legal and policy tensions between investment law and environmental protection, namely Vattenfall's disputes with Germany, legal clashes between Chevron and Ecuador, and multinational mining companies' conflicts in Indonesia. The contributions are written by international experts and will be of interest to policy makers and practitioners. *** Librarians: ebook available (Series: Legal Perspectives for Global Challenges - Vol. 4) [Subject: International Law, Investment Law, Environmental Law]
Author: Yulia Levashova
Publisher:
ISBN: 9789462365872
Category : LAW
Languages : en
Pages : 0
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Book Description
This book addresses the topical question on how national and international environmental concerns could be adequately integrated into international investment law. It covers the question whether international investment law restricts state sovereignty in an unacceptable way - in particular, the freedom of host states to develop national policies and regulation for the improvement of the environment. The book first analyzes the interaction between international investment law and the protection of the environment, on the basis of concepts such as sustainable development, fair and equitable treatment, and international responsibility. Secondly, several chapters discuss challenges which are encountered in attempts to integrate environmental concerns in investment policies in specific sectors and regions (e.g. climate change, water pollution, renewable and nuclear energy, and the European Union region). And, finally, specific case studies illustrate the legal and policy tensions between investment law and environmental protection, namely Vattenfall's disputes with Germany, legal clashes between Chevron and Ecuador, and multinational mining companies' conflicts in Indonesia. The contributions are written by international experts and will be of interest to policy makers and practitioners. *** Librarians: ebook available (Series: Legal Perspectives for Global Challenges - Vol. 4) [Subject: International Law, Investment Law, Environmental Law]
Author: Rosalien Diepeveen
Publisher:
ISBN:
Category :
Languages : en
Pages : 16
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Book Description
This contribution is based on the discussions that took place in the international conference “Bridging the Gap between International Investment Law and the Environment” which was held on 4-5 November 2013 in the Hague. The main goal of the conference was to answer the question of how the gap between international investment law and the environment can be bridged. Different perspectives were presented, helping to shed light on this issue. The emphasis of the first day of the conference was the academic debate in the field of international investment law and the environment. Four main perspectives were discussed: general principles of international investment law and the environment, various legal regimes, specific legal regimes and case studies. Furthermore, also the topics of sustainable development, the right to access to water and climate change were elaborated upon by the experts. The second day of the conference focussed on the perspective of policy-makers. Most of the topics were presented in the form of panel discussions. Issues that were discussed included: the perspective of various intergovernmental organisations, concerns and dilemmas of non-European capital-importing countries, and the European Investment Policy. This contribution elaborates upon the most important themes and issues debated at the conference, providing academic and policy perspectives.
Author: Stephan W. Schill
Publisher: Edward Elgar Publishing
ISBN: 1784711357
Category : Business & Economics
Languages : en
Pages : 489
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Book Description
International investment law has often been seen as an obstacle to sustainable development. While the connections between investment and development are plain, for a long time there has been relatively little scholarship exploring them. Combining critical reflection and detailed analysis, this book addresses the relationship between contemporary investment law and development. The book is organized around two competing visions of investment and development - as working either harmoniously or in conflict with one another. The expert contributors reflect on both of these views and analyse the social dimensions of development and its impact on investment law. Coverage includes in-depth discussion on such issues as human rights, poverty reduction, labor standards, and indigenous peoples. Students and scholars of international investment law will benefit from the informed analysis of the links between investment and development. This book will also be of use to practitioners and experts of development law who are looking for an up-to-date perspective of the field.
Author: Saverio Di Benedetto
Publisher: Edward Elgar Publishing
ISBN: 0857936654
Category : Law
Languages : en
Pages : 266
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Book Description
This book is essential reading for academics of international investment law and related matters, with useful research material for both practitioners and policy-makers. Moreover, the innovative approach of this book makes it appropriate for adoption i
Author: Zachary Douglas
Publisher: OUP Oxford
ISBN: 0191508578
Category : Law
Languages : en
Pages : 586
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Book Description
International investment law is one of the fastest growing areas of international law. It has led to the signing of thousands of agreements, mostly in the form of investment contracts and bilateral investment treaties. Also, in the last two decades, there has been an exponential growth in the number of disputes being resolved by investment arbitration tribunals. Yet the legal principles at the basis of international investment law and arbitration remain in a state of flux. Perhaps the best illustration of this phenomenon is the wide disagreement among investment tribunals on some of the core concepts underpinning the regime, such as investment, property, regulatory powers, scope of jurisdiction, applicable law, or the interactions with other areas of international law. The purpose of this book is to revisit these conceptual foundations in order to shed light on the practice of international investment law. It is an attempt to bridge the growing gap between the theory and the practice of this thriving area of international law. The first part of the book focuses on the 'infrastructure' of the investment regime or, more specifically, on the structural arrangements that have been developed to manage foreign investment transactions and the potential disputes arising from them. The second part of the book identifies the common conceptual bases of an array of seemingly unconnected practical problems in order to clarify the main stakes and offer balanced solutions. The third part addresses the main sources of 'regime stress' as well as the main legal mechanisms available to manage such challenges to the operation of the regime. Overall, the book offers a thorough investigation of the conflicting theoretical positions underlying international investment law, testing their worth by reference to concrete issues that have arisen in the jurisprudence. It demonstrates that many of the most important practical questions arising in practice can be addressed by a carefully dosed resort to theory.
Author: Nicolás M. Perrone
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
In this article I propose to see the history of the international law on foreign investment as about the diffusion of investor rights as much as the resistance to investor obligations. My argument is that the divide between investment protection and the responsibility of foreign investors is one of the most significant features of the international law on foreign investment. The article shows that the different treatment of rights and obligations is grounded on the same business project and legal imagination. Maintaining this divide has never been easy, as this model faced resistance, particularly from Latin America, trade unions and human rights activists. The article concludes by noting that while mainly states can create international investor obligations, academics can contribute to reimagining the international law on foreign investment by bringing investment treaty law and business and human rights much closer. This shift is already happening.
Author: Shawkat Alam
Publisher: Cambridge University Press
ISBN: 1107055695
Category : Law
Languages : en
Pages : 657
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Book Description
Situating the global poverty divide as an outgrowth of European imperialism, this book investigates current global divisions on environmental policy.
Author: Kate Miles
Publisher:
ISBN: 9781784714628
Category : Environmental law
Languages : en
Pages : 0
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Book Description
The Research Handbook on Environment and Investment Law examines one of the most dynamic areas of international law: the interaction between international investment law and environmental law and policy. The Research Handbook takes a thematic approach, analysing key issues in the environment-investment nexus, such as freshwater resources, climate, biodiversity, biotechnology and sustainable development. It also includes sections which explore regional experiences and address practice and procedure, and offers innovative approaches and critical perspectives, including the interface between foreign investment and the environment with human rights, gender, indigenous peoples, and economics.
Author: Jorge E. Viñuales
Publisher: Cambridge University Press
ISBN: 9781107521810
Category : Law
Languages : en
Pages : 0
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Book Description
Conflicts between foreign investment law and environmental law are becoming increasingly frequent. On the one hand, the rise of environmental regulation poses significant challenges to foreign investors in several industries. On the other, the surge in investment arbitration proceedings is making States aware of the important litigation risks that may result from the adoption of environmental regulation. This study of the relationship between these two areas of law adopts both a policy and a practical perspective. It identifies the major challenges facing States, foreign investors and their legal advisers as a result of the potential friction between investment law and environmental law and provides a detailed analysis of all the major legal issues on the basis of a comprehensive study of the jurisprudence from investment tribunals, human rights courts and bodies, the ICJ, the WTO, the ITLOS, the CJEU and other adjudication mechanisms.
Author: Shen Wei
Publisher: Springer Nature
ISBN: 9819721830
Category :
Languages : en
Pages : 255
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Book Description
