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Author: Barnali Choudhury
Publisher:
ISBN:
Category :
Languages : en
Pages : 44
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Book Description
Public interest regulations, whether promulgated in the best interest of the state or in the common interest of mankind, embody deeply embedded democratic values held by a state's populace. The regulations, enacted by democratically elected officials, represent exercises in both sovereignty and public-policy making.Investment arbitrations have begun to increasingly engage public interest regulations. Foreign investors, aggrieved that public interest regulations are interfering with their investments, are challenging public interest regulations in investment arbitrations. Suddenly, regulations addressing concerns ranging from the environment to the correction of wrongs committed during the apartheid regime are under scrutiny. As a result, unelected arbitrators are evaluating the appropriateness of public interest regulations. Moreover, they are doing so with little or no public involvement.The transportation of issues that directly affect citizens to a system that is both inaccessible to everyday citizens and is structurally isolated from public input creates a democratic deficit. The question thus arises, in adjudging public interest issues, is investment arbitration contributing to the democratic deficit? This article suggests that both the process and the outcomes from investment arbitration need to be modified to reflect the inclusion of core democratic values in a dispute settlement mechanism bereft of democratic ideals.
Author: Barnali Choudhury
Publisher:
ISBN:
Category :
Languages : en
Pages : 44
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Book Description
Public interest regulations, whether promulgated in the best interest of the state or in the common interest of mankind, embody deeply embedded democratic values held by a state's populace. The regulations, enacted by democratically elected officials, represent exercises in both sovereignty and public-policy making.Investment arbitrations have begun to increasingly engage public interest regulations. Foreign investors, aggrieved that public interest regulations are interfering with their investments, are challenging public interest regulations in investment arbitrations. Suddenly, regulations addressing concerns ranging from the environment to the correction of wrongs committed during the apartheid regime are under scrutiny. As a result, unelected arbitrators are evaluating the appropriateness of public interest regulations. Moreover, they are doing so with little or no public involvement.The transportation of issues that directly affect citizens to a system that is both inaccessible to everyday citizens and is structurally isolated from public input creates a democratic deficit. The question thus arises, in adjudging public interest issues, is investment arbitration contributing to the democratic deficit? This article suggests that both the process and the outcomes from investment arbitration need to be modified to reflect the inclusion of core democratic values in a dispute settlement mechanism bereft of democratic ideals.
Author: Brian Balogh
Publisher: Cornell University Press
ISBN: 1501700871
Category : History
Languages : en
Pages : 320
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Book Description
Several generations of historians figuratively abandoned the Oval Office as the bastion of out-of-fashion stories of great men. And now, decades later, the historical analysis of the American presidency remains on the outskirts of historical scholarship, even as policy and political history have rebounded within the academy. In Recapturing the Oval Office, leading historians and social scientists forge an agenda for returning the study of the presidency to the mainstream practice of history and they chart how the study of the presidency can be integrated into historical narratives that combine rich analyses of political, social, and cultural history. The authors demonstrate how "bringing the presidency back in" can deepen understanding of crucial questions regarding race relations, religion, and political economy. The contributors illuminate the conditions that have both empowered and limited past presidents, and thus show how social, cultural, and political contexts matter. By making the history of the presidency a serious part of the scholarly agenda in the future, historians have the opportunity to influence debates about the proper role of the president today.
Author: United States. Congress. Senate. Committee on Commerce
Publisher:
ISBN:
Category : Hydroelectric power plants
Languages : en
Pages : 170
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Book Description
Committee Serial No. 90-62. Considers S. 2445, to amend the Federal Power Act to clarify the manner in which the U.S. may take over a hydroelectric project upon expiration of its license.
Author:
Publisher:
ISBN:
Category : Electric utilities
Languages : en
Pages : 384
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Book Description
Vols. for 1978- include an annual directory issue.
Author: United States. Congress Senate
Publisher:
ISBN:
Category :
Languages : en
Pages : 1962
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Book Description
Author: United States. Congress. Senate. Committee on Commerce
Publisher:
ISBN:
Category :
Languages : en
Pages : 2012
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Book Description
Author: Prabhash Ranjan
Publisher: Oxford University Press
ISBN: 0199097070
Category : Performing Arts
Languages : en
Pages : 414
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Book Description
As a consequence of being sued by more than 20 foreign investors, India terminated close to 60 investment treaties and adopted a new Model Bilateral Investment Treaty (BIT) purportedly to balance investment protection with the host State’s right to regulate. This book is a critical study of India’s approach towards BITs and traces their origin, evolution, and the current state of play. It does so by locating them in India’s economic policy in general and policy towards foreign investment in particular. India’s approach towards BITs and policy towards foreign investment were consistent with each other in the periods of economic nationalism (1947–1990) and economic liberalism (1991–2010). However, post 2010, India’s approach to BITs has become protectionist while India’s foreign investment policy continues to be liberal. To balance investment protection with the State’s right to regulate, India needs to evolve its BIT practice based on the twin framework of international rule of law and embedded liberalism.
Author: Michael Faure
Publisher: Edward Elgar Publishing
ISBN: 1849805210
Category : Law
Languages : en
Pages : 509
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Book Description
This timely book explores the relationship between private law and globalization. It examines the consequences of the fact that law making now takes place in a globalized world which increasingly leads to questions of accountability and legitimacy of the law making process. Within this work, European and South African scholars deal with the relationship between private law and globalization in fourteen innovative chapters, addressing inter alia globalization, democracy and accountability, harmonization versus decentralization, public law issues, corporate governance, procedural issues as well as human rights and the environment. This well-documented and original study will be a valuable resource for academics and legal practitioners as well as students. Specialists in private law, transnational law, international law and legal theory should also not be without this important book.
Author: Julien Chaisse
Publisher: Oxford University Press
ISBN: 0198778252
Category : Business & Economics
Languages : en
Pages : 625
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Book Description
Celebrating the work of Mitsuo Matsuhita, this volume focuses on dispute resolution and the law and politics of the World Trade Organization, offering a critical and scholarly analysis of the current and future state of international economic governance.
Author: Todd Weiler
Publisher: Martinus Nijhoff Publishers
ISBN: 9004191437
Category : Law
Languages : en
Pages : 612
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Book Description
Dedicated to the memory of a path-breaking international lawyer, Thomas Wälde, this volume offers an eclectic mix of contributions from leading academics and practitioners. Topics include: foreign direct investment, dispute settlement, corporate responsibility, economic development, natural resources, and private international law.
