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Author: Lorenzo Cotula
Publisher:
ISBN:
Category :
Languages : en
Pages : 388
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Book Description
Property rights are crucial in shaping foreign investment and its socio-economic outcomes. Their allocation, protection and regulation influence the way the risks, costs and benefits of an investment are shared. For investors, the protection of property rights is a tool to shelter their business interests from arbitrary host state interference. For local people affected by an investment project, it may offer an avenue to secure their livelihoods, through providing safeguards against arbitrary land takings. Tensions may arise between different sets of property rights, as host state regulation to strengthen local resource rights may raise project costs and interfere with investors' rights - for example, under the international-law regulatory taking doctrine, or "stabilization clauses" in investor-state contracts. While there are vast literatures about the international law on foreign investment, the human right to property, and national law on investment, land and natural resources in Africa, this study analyses in an integrated way how the different sets of property rights involved in an investment project are legally protected under applicable law, whether national, international or "transnational". The study explores whether the property rights of foreign investors and affected local people tend to enjoy differentiated legal protection; and, if so, whether the legal protection of "stronger" property rights may constrain efforts to strengthen "weaker" ones. This research question has both theoretical and practical implications. Differences in the strength of legal protection may affect negotiating power. Weak legal protection and negotiating power make local resource users vulnerable to arbitrary dispossession of their lands. From a theoretical standpoint, linking legal analysis to an analysis of negotiating power in foreign investment projects can provide insights on the relationship between law and power - in a globalised world, does the law serve more powerful interests, can it be used to empower disadvantaged groups, or is it rather irrelevant?.
Author: Lorenzo Cotula
Publisher:
ISBN:
Category :
Languages : en
Pages : 388
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Book Description
Property rights are crucial in shaping foreign investment and its socio-economic outcomes. Their allocation, protection and regulation influence the way the risks, costs and benefits of an investment are shared. For investors, the protection of property rights is a tool to shelter their business interests from arbitrary host state interference. For local people affected by an investment project, it may offer an avenue to secure their livelihoods, through providing safeguards against arbitrary land takings. Tensions may arise between different sets of property rights, as host state regulation to strengthen local resource rights may raise project costs and interfere with investors' rights - for example, under the international-law regulatory taking doctrine, or "stabilization clauses" in investor-state contracts. While there are vast literatures about the international law on foreign investment, the human right to property, and national law on investment, land and natural resources in Africa, this study analyses in an integrated way how the different sets of property rights involved in an investment project are legally protected under applicable law, whether national, international or "transnational". The study explores whether the property rights of foreign investors and affected local people tend to enjoy differentiated legal protection; and, if so, whether the legal protection of "stronger" property rights may constrain efforts to strengthen "weaker" ones. This research question has both theoretical and practical implications. Differences in the strength of legal protection may affect negotiating power. Weak legal protection and negotiating power make local resource users vulnerable to arbitrary dispossession of their lands. From a theoretical standpoint, linking legal analysis to an analysis of negotiating power in foreign investment projects can provide insights on the relationship between law and power - in a globalised world, does the law serve more powerful interests, can it be used to empower disadvantaged groups, or is it rather irrelevant?.
Author: Louis T. Wells
Publisher: Oxford University Press
ISBN: 0195310624
Category : Business & Economics
Languages : en
Pages : 389
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Book Description
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Author: Lorenzo Cotula
Publisher: Routledge
ISBN: 1136600027
Category : Business & Economics
Languages : en
Pages : 204
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Book Description
In the world’s developing countries, foreign investment in natural resources brings into contact competing interests that are often characterised by unequal balances of negotiating power – from multinational corporations and host governments, through to the local people affected by the influx of foreign investment. The growing integration of the world economy has been accompanied by rapid and extensive developments in the national and international norms that regulate investment and its impact – including investment law, natural resource law and human rights law. These legal developments affect the ‘shadow’ that the law casts over the multiple negotiations that characterise international investment projects in the developing world. Drawing on international law, the national law of selected jurisdictions and the contracts concluded in a large investment project, Human Rights, Natural Resource and Investment Law in a Globalised World explores the ways in which the law protects the varied property rights that are at play in foreign investment projects in developing countries, with a focus on Africa. Through an integrated analysis of seemingly disparate fields of law, this book sheds new light on how the law mediates the competing interests that come into contact as a result of economic globalisation, whilst also providing new insights on the changing nature of state sovereignty and on the relationship between law and power in a globalised world. This book will be of interest to scholars, students and informed practitioners working in the fields of international investment and human rights law, comparative law, socio-legal studies, and development studies.
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: Jeswald W. Salacuse
Publisher: OUP Oxford
ISBN: 0191665304
Category : Law
Languages : en
Pages : 472
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Book Description
International investments are governed by three different legal frameworks: 1) national laws of both the host country and the investor's home country; 2) contracts, whether between the investor and the host country or among investors and their associates; and 3) international law, consisting of applicable treaties, customs, and general principles of law. Together, these three frameworks profoundly influence the organization, operation, and protection of foreign investments. Investors, government officials, and their legal counsel must therefore understand the complex interaction among these frameworks and how best to employ them to advance their interests. This book examines the content of each of these three legal frameworks for international investment and explores how they influence the foreign investment process and the nature of investment transactions, projects, and enterprises. The book is divided into five parts. Part I, after explaining the contemporary nature and significance of international investment, examines the theoretical and practical links between law and the investment process. Part II explores the nature of national laws regulating foreign investment. Part III considers of the various contractual frameworks for international investments, looking at their negotiation, content, and stability. Part IV sets out the international legal framework governing foreign investment, focusing on the content and nature of investment treaties and on general principles. Finally, Part V discusses how the three legal frameworks interact with each other. By comprehensively examining each of the applicable legal frameworks, this book provides a vital overview of the laws, rules, and regulations governing foreign investment for lawyers, scholars, students, and government officials. Three different legal frameworks are applicable to foreign investment: the laws of the host state and the investor's home country, the contract between the host state and the investor, and the rules and principles of international investment law. These three bodies of law interact with each other and must be analysed together when interpreting an investment agreement or arbitrating a dispute. This book examines the content of each of these three legal frameworks and explores how they influence the flow of foreign investment. The book is divided into five parts. Part I, after explaining the contemporary nature and significance of international investment, examines the theoretical and practical links between law and the investment process. Part II explores the nature of national laws regulating foreign investment. Part III explores the nature of the contractual framework for international investments, looking at their negotiation, content, and stability. Part IV sets out the international legal framework governing foreign investment, focusing on the content and nature of bilateral investment treaties and on general principles. Finally, Part V considers how the three legal frameworks interact with each other. By comprehensively examining each of the applicable legal frameworks, this book provides a vital overview of the laws, rules, and regulations governing foreign investment for lawyers, scholars, students, and government officials working in the field.
Author: Seymour J. Rubin
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 128
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Book Description
Author: Rachel Murray
Publisher: Oxford University Press
ISBN: 0192538586
Category : Law
Languages : en
Pages : 720
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Book Description
The African Charter on Human and Peoples' Rights (ACHPR) is the principle regional human rights treaty for the African continent. Adopted in 1981, there is now a significant body of jurisprudence and interpretation by its African Commission on Human and Peoples' Rights and the recently established African Court. This volume provides a comprehensive article-by-article legal analysis of the provisions of the Charter as it draws upon the documents adopted by the African Commission, including resolutions, case law, and concluding observations. Where relevant, case law adopted by the African Court on Human and Peoples' Rights, and that of other sub-regional courts and tribunals and domestic courts in Africa, are also incorporated. The book examines not only the substantive rights in the African Charter but also the work of the African Commission on Human and Peoples' Rights and provides a full examination of its mandate. A critical analysis of each of the provisions of the ACHPR is led principally by the jurisprudence and documentation of the African Commission and African Court. The text also identifies the overall development of the ACHPR within the broader regional and international human rights legal arena.
Author: Shayerah Ilias
Publisher: Nova Publishers
ISBN: 9781604565621
Category : Business & Economics
Languages : en
Pages : 84
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Book Description
Introduction -- Intellectual property rights basics -- Global intellectual property holdings -- Contribution of intellectual property to U.S. economy -- The organized structure of IPR protection -- U.S. trade law -- Issues for Congress.
Author: Julien Chaisse
Publisher: BRILL
ISBN: 9004360107
Category : Law
Languages : en
Pages : 725
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Book Description
International Investment Treaties and Arbitration Across Asia brings together leading academics and practitioners to examine whether and how the Asian region has or may become a significant ‘rule maker’ in contemporary international investment law and dispute resolution. The editors introduce FDI trends and regulations, investment treaties and arbitration across Asia. Authors add country studies for the ten member states of the Association of Southeast Asian Nations as well as an overview of ASEAN treaties, or examine other potential ‘middle powers’ (Korea, Australia and New Zealand collectively) and the emerging ‘big players’ (China, Japan and India). Two early chapters present econometric studies of treaty impact on FDI flows, in aggregate as well as for Thailand, while two concluding chapters offer other normative and forward-looking perspectives.
Author: Walter Goode
Publisher:
ISBN: 9781921244957
Category : Australia
Languages : en
Pages : 208
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Book Description
