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Author: Tomás Restrepo Rodríguez Publisher: Springer Nature ISBN: 3031186559 Category : Law Languages : en Pages : 348
Book Description
The book deals with the question whether the investment treaty law system could be harmonized with the climate change international legal framework and the climate interest that lies beyond. The answer to this research question is divided into three parts. The first examines the relevance of the climate change international legal framework in investment treaty disputes as a natural pre(logical)interpretative stage. The second focuses on the BIT’s content-interpretation, which is the orthodox approach to solve the fragmentation between the system of investment treaty law and the system of international climate change law. Finally, the third part tackles this fragmentation through a heterodox approach that is grounded in the direct application of climate change principles through law ascertainment. Apart from concluding that harmonization between investment treaty law and international climate change law is possible through the orthodox approach to the expropriation and the FET standards, as well as through the direct application of the climate change precautionary principle and the CBDRRC principle − heterodox approach, the book suggests that tribunals are expected soon to openly address climate change disputes in their rulings.
Author: Tomás Restrepo Rodríguez Publisher: Springer Nature ISBN: 3031186559 Category : Law Languages : en Pages : 348
Book Description
The book deals with the question whether the investment treaty law system could be harmonized with the climate change international legal framework and the climate interest that lies beyond. The answer to this research question is divided into three parts. The first examines the relevance of the climate change international legal framework in investment treaty disputes as a natural pre(logical)interpretative stage. The second focuses on the BIT’s content-interpretation, which is the orthodox approach to solve the fragmentation between the system of investment treaty law and the system of international climate change law. Finally, the third part tackles this fragmentation through a heterodox approach that is grounded in the direct application of climate change principles through law ascertainment. Apart from concluding that harmonization between investment treaty law and international climate change law is possible through the orthodox approach to the expropriation and the FET standards, as well as through the direct application of the climate change precautionary principle and the CBDRRC principle − heterodox approach, the book suggests that tribunals are expected soon to openly address climate change disputes in their rulings.
Author: Rodrigo Polanco Publisher: Cambridge University Press ISBN: 1108473385 Category : Law Languages : en Pages : 373
Book Description
This book examines the role of home states to investment disputes and questions whether it represents a return to diplomatic protection.
Author: Angshuman Hazarika Publisher: Springer Nature ISBN: 3030500357 Category : Law Languages : en Pages : 262
Book Description
This book discusses the use of the compromissory clause in international investment agreements (IIAs) for interstate dispute resolution. It puts forward the possibility of using state-to-state arbitration based on the compromissory clause in IIAs as an alternative means of resolving investment disputes in light of the global debate on the shortcomings of investor-state arbitration. The book’s main conclusion is that state-to-state arbitration may be used as an alternative to currently popular investor-state arbitration by resolving procedural hurdles which impede its acceptance. It becomes more important with the removal of investor-state arbitration as an option in certain recent IIAs, which then elevates state-to-state arbitration as the sole option for binding third party dispute resolution in the treaty. Even then, it is unlikely to replace investor-state arbitration completely due to its inherent shortcomings, such as the risk of re-politicising disputes and a lack of direct control over the process for the affected investors. Nevertheless, the availability of an alternative forum will benefit all parties involved, as they will no longer be wholly dependent on investor-state arbitration, which can be affected by events such as denunciation from the ICSID Convention or the refusal of a host state to enforce an arbitration award.
Author: Markus Krajewski Publisher: Edward Elgar Publishing ISBN: 1785369857 Category : Commercial treaties Languages : en Pages : 739
Book Description
Increasing international investment, the proliferation of international investment agreements, domestic legislation, and investor-State contracts have contributed to the development of a new field of international law that defines obligations between host states and foreign investors with investor-State dispute settlement. This involves not only vast sums, but also a panoply of rights, duties, and shifting objectives at the juncture of national and international law and policy. This engaging Research Handbook provides an authoritative account of these diverse investment law issues.
Author: Ruben Zandvliet Publisher: BRILL ISBN: 9004439862 Category : Law Languages : en Pages : 413
Book Description
The book examines how international economic law affects the ability of states to regulate labour. It analyses the interactions between relevant norms and explains how linkages between economic law and labour navigate between two notions: fair competition and fundamental rights.
Author: John Campbell Publisher: Rowman & Littlefield Publishers ISBN: 1442221585 Category : Political Science Languages : en Pages : 243
Book Description
Nigeria, the United States’ most important strategic partner in West Africa, is in grave trouble. While Nigerians often claim they are masters of dancing on the brink without falling off, the disastrous administration of President Goodluck Jonathan, the radical Islamic insurrection Boko Haram, and escalating violence in the delta and the north may finally provide the impetus that pushes it into the abyss of state failure. In this thoroughly updated edition, John Campbellexplores Nigeria’s post-colonial history and presents a nuanced explanation of the events and conditions that have carried this complex, dynamic, and very troubled giant to the edge. Central to his analysis are the oil wealth, endemic corruption, and elite competition that have undermined Nigeria’s nascent democratic institutions and alienated an increasingly impoverished population. However, state failure is not inevitable, nor is it in the interest of the United States. Campbell provides concrete new policy options that would not only allow the United States to help Nigeria avoid state failure but also to play a positive role in Nigeria’s political, social, and economic development.
Author: Tomás Restrepo Rodríguez
Author: Tomás Restrepo Rodríguez
Author: Rodrigo Polanco
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Author: Angshuman Hazarika
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Author: Barnali Choudhury
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Author: Markus Krajewski 
Author: Ruben Zandvliet
Author: John Campbell