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Author: Yulia Levashova Publisher: ISBN: 9789462365872 Category : LAW Languages : en Pages : 0
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
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
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
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: Jorge E. Viñuales Publisher: Cambridge University Press ISBN: 1139576739 Category : Law Languages : en Pages : 479
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: Kate Miles Publisher: Edward Elgar Publishing ISBN: 1784714631 Category : LAW Languages : en Pages : 576
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: Saverio Di Benedetto Publisher: Edward Elgar Publishing ISBN: 0857936654 Category : Law Languages : en Pages : 266
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: Andrea Bjorklund Publisher: Oxford University Press ISBN: 0199386331 Category : Law Languages : en Pages : 738
Book Description
Today, international investment law consists of a network of multifaceted, multilayered international treaties that, in one way or another, involve virtually every country of the world. The evolution of this network raises a host of issues regarding international investment law and policy, especially in the area of international investment disputes. The Yearbook on International Investment Law & Policy 2012-2013 monitors current developments in international investment law and policy, focusing on recent trends and issues in foreign direct investment (FDI). With contributions by leading experts in the field, this title provides timely, authoritative information on FDI that can be used by a wide audience, including practitioners, academics, researchers, and policy makers. Contributions to the Yearbook on International Investment Law & Policy 2012-2013 cover the 2012-2013 trends in international investment agreements, the Foreign Direct Investment (FDI) trends, and the challenge of investment policies for outward FDI, as well as a review of 2012 international investment law and arbitration. This edition contains essays from the Symposium on Sustainable Development and International Investment Law: Bridging the Divide. Also included are general articles providing an analysis of arbitral tribunal practice regarding the applicable law to state contracts under the ICSID Convention in the Twenty First Century; the role of municipal laws in investment arbitration; the status of state-controlled entities under international investment law, the US and the Trans-Pacific partnership (TPP); new 2012 US Model BITs; and the Regulation of FDI in Bolivia. This volume concludes with the winning memorials from the 2012 FDI International Moot Competition.
Author: Nicolás M. Perrone Publisher: ISBN: Category : Languages : en Pages : 0
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
Book Description
Situating the global poverty divide as an outgrowth of European imperialism, this book investigates current global divisions on environmental policy.
Author: Yulia Levashova
Author: Yulia Levashova
Author: Rosalien Diepeveen
Author: Stephan W. Schill
Author: Jorge E. Viñuales
Author: Kate Miles
Author: Saverio Di Benedetto
Author: Kate Miles
Author: Andrea Bjorklund
Author: Nicolás M. Perrone
Author: Shawkat Alam