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International Investment Law and Arbitration from a Latin American Perspective (International Law and the Global South)
by Nitish Monebhurrun Carolina Olarte-Bácares Marco A. Velasquez-RuizThe book brings to light how Latin American states have traditionally stood before the field of International Investment Law and Arbitration. It delves into their posture of resistance to critically examine how their perspective has gradually changed and how they have adapted and molded their investment agreements so as not to leave their position as players in the field of International Investment Law. Many Latin American states have appeared as defendants before international investment tribunals and some of these, like Venezuela, Bolivia or Ecuador, have denounced their international investment agreements. Deeming the law field as imbalanced, they have looked for alternatives to continue providing legal protection to foreign investors while protecting their right to regulate in the name of public interest. Some interesting investment agreements models, sometimes of a different ilk, have consequently flourished and have arrested the attention of those studying or working with international investment law.The main objective of this book is to critically discuss how Latin American states have accepted, resisted, or adapted themselves to international investment law and arbitration. Accordingly, the general connection between these states and international investment law are explained in an introduction which examines the general trends as per which Latin American states have offered a legal protection to foreign investments. The first part enters the merits of where international investment law and arbitration stand in some Latin American states whereby the experience of Brazil, Chile, Argentina, Venezuela, and Uruguay are discussed. The following parts explain the trends in international investment law and arbitration in Latin America. These trends are namely related to dispute settlement and governance, to the connection between investment law and human rights and finally to regionalization. In these parts, the experience of states like Brazil,Colombia, Peru, and Mexico are perused.
International Investment Law and Competition Law (European Yearbook of International Economic Law)
by Katia Fach Gómez Anastasios Gourgourinis Catharine TitiThis EYIEL special issue examines the interaction between international investment law and competition law. Although issues related to both international investment law and competition law arise regularly in international legal practice and are examined together, scholarly analysis largely treats them as parallel universes. As a result their actual and potential overlap has yet to be sufficiently explored. In this light, International Investment Law and Competition Law discusses a variety of topics at the intersection of investment and competition, including the interaction between competition-related provisions and investment protection standards in free trade agreements; investors’ anti-competitive behaviour and illegal investments; state aid schemes and foreign investors’ legitimate expectations; EU member States’ compliance with investment awards as (illegal) state aid under EU law; State-owned enterprises and competitive neutrality; and interactions between public procurement, investment and competition law.
International Investment Law and Policy in Africa: Exploring a Human Rights Based Approach to Investment Regulation and Dispute Settlement (Routledge Research in International Economic Law)
by Fola AdelekeThis book studies the international investment law regime in Africa and provides a comprehensive analysis of the current treaty practices in Africa from global, regional and domestic perspectives. It develops a public interest regulation theory to highlight the role of investment regulation in sustainable development and the protection of human rights. In doing so, the book identifies seven factors that should be considered by arbitrators in resolving international investment disputes that affect the public interest. It considers how corporations can be held accountable through investment treaties in the absence of a global treaty on business and human rights while protecting the rights of investors and their investments. Furthermore, the book explores the current objectives and features of investor-state dispute settlement (ISDS) as well as the deficiencies and its intersection with the rule of law. It identifies alternatives for ISDS and the extent to which these alternatives address the objectives of attracting investment, depoliticise investment disputes, promote the rule of law and offer remedies to investors. These solutions are offered in relation to the protection of human rights, the promotion of sustainable development and the right of states to introduce domestic public interest regulation. Finally, the book takes a prospective stance and discusses future trends for dispute settlement and investment rulemaking in Africa.
International Investment Law and the Right to Regulate: A human rights perspective (Routledge Research in International Economic Law)
by Lone Wandahl MouyalThe book considers the ways in which the international investment law regime intersects with the human rights regime, and the potential for clashes between the two legal orders. Within the human rights regime states may be obligated to regulate, including a duty to adopt regulation aiming at improving social standards and conditions of living for their population. Yet, states are increasingly confronted with the consequences of such regulation in investment disputes, where investors seek to challenge regulatory interferences for example in expropriation claims. Regulatory measures may for instance interfere with the investment by imposing conditions on investors or negatively affecting the value of the investment. As a consequence, investors increasingly seek to challenge regulatory measures in international investment arbitration on the basis of a bilateral investment treaty. This book sets out the nature and the scope of the right to regulate in current international investment law. The book examines bilateral investment treaties and ICSID arbitrations looking at the indicative parameters that are granted weight in practice in expropriation claims delimiting compensable from non-compensable regulation. The book places the potential clash between the right to regulate and international investment law within a theoretical framework which describes the stability-flexibility dilemma currently inherent within international law. Lone Wandahl Mouyal goes on to set out methods which could be employed by both BIT-negotiators and adjudicators of investment disputes, allowing states to exercise their right to regulate while at the same time providing investors with legal certainty. The book serves as a valuable tool, an added perspective, for academics as well as for practitioners dealing with aspects of international investment law.
International Investment Law at the Juncture: An Asian Perspective (International Law in Asia)
by Shen WeiThe book focuses on some of the most pressing issues in international investment law in Asia, such as the role of developing countries, the rebalancing between the investors’ rights protection and the host states’ right to regulate, the ISDS reform, among others. The book investigates these issues by looking into the bilateral investment treaties and investment arbitration cases in the region. The readers will benefit from this book’s rich content and wide coverage. For instance, the readers would learn more about Asian states’ Bilateral Investment Treaty law and practice and their standing on international investment law. The book provides a fresh angle to most readers who may be more exposed to the Western perspective on the topic, providing a more complete picture to add to the readers’ understanding of international investment law and in particular its evolution and future possibilities.
International Investment Law: A Chinese Perspective (Routledge Research in International Economic Law)
by Guiguo WangIncreasing and intensified cross-border economic exchange such as trade and investment is an important feature of globalization. In the past, a distinction could be made between capital importing and exporting countries, or host and home countries for foreign direct investment (FDI). Due to globalization, FDI is presently made by and in both developed and developing countries. Differences in political, economic and legal systems and culture are no longer obstacles for FDI, and to varying degrees the economic development of almost all countries is closely linked with the inflow of FDI. This book conducts critical assessments of aspects of current international law on FDI, focusing on cases decided by the tribunals of the International Centre for Settlement of Investment Disputes (ICSID) and other tribunals as well as decisions of annulment ad hoc committees of the ICSID. In examining such cases, Guiguo Wang takes into account the Chinese culture and China’s practice in the related areas. The book explores topics including: the development and trend of international investment law; unilateral, bilateral and multilateral mechanisms for encouraging and protecting FDIs; determination of qualified investors and investments and consent as conditions for protection; relative and absolute standards of treatment; determination of expropriation in practice; assessment of compensation for expropriation; difficulties in enforcing investment arbitral awards; and alternatives for improving the existing system. The book will be of great use and interest to scholars, practitioners and students of international investment law and international economic law, Asian law, and Chinese studies.
International Investment Management: Theory, ethics and practice
by Warren Yeh Raj Bhala Kara Tan BhalaInternational Investment Management: Theory, Practice, and Ethics synthesizes investment principles, Asian financial practice, and ethics reflecting the realities of modern international finance. These topics are studied within the Asian context, first through the medium of case studies and then via the particular conditions common in those markets including issues of religion and philosophy. This book has a three part structure beginning with the core principles behind the business of investments including securities analysis, asset allocation and a comprehensive analysis of modern finance theory. This gives students a comprehensive understanding of investment management by going through the theories, ethics and practice of investment management. This text provides a detailed overview of International Banking Law and International Securities Regulation, alongside legal and ethics case studies which are located in the practice section of the book. This book is an essential text for business and law school students who wish to have a thorough understanding of investment management. It is also perfect as a core text for undergraduate finance majors and graduate business students pursuing a finance, and/or business ethics concentration, with particular focus on Asia.
International Investment Protection within Europe: The EU’s Assertion of Control (Routledge Research in International Economic Law)
by Julien BergerThe steadily rising number of investor-State arbitration proceedings within the EU has triggered an extensive backlash and an increased questioning of the international investment law regime by different Member States as well as the EU Commission. This has resulted in the EU’s assertion of control over the intra-EU investment regime by promoting the termination of bilateral intra-EU investment treaties (intra-EU BITs) and by opposing the jurisdiction of arbitral tribunals in intra-EU investor-State arbitration proceedings. Against the backdrop of the landmark Achmea decision of the European Court of Justice, the book offers an in depth analysis of the interplay of international investment law and the law of the European Union with regard to intra-EU investments, i.e. investments undertaken by an investor from one EU Member State within the territory of another EU Member State. It specifically analyses the conflict between the two investment protection regimes applicable within the EU with a particular emphasis on the compatibility of the international legal instruments with the law of the European Union. The book thereby addresses the more general question of the relationship between EU law and international law and offers a conceptual framework of intra-European investment protection based on the analysis of all intra-EU BITs, the Energy Charter Treaty and EU law, as well as the arbitral practice in over 180 intra-EU investor-State arbitration proceedings. Finally, the book develops possible solutions to reconcile the international legal standards of protection with the regionalized transnational law of the European Union.
International Investment Strategies in the People's Republic of China (Routledge Revivals)
by Yadong LuoFirst published in 1998, this volume explores international investment strategies as mainly antecedent decisions about what, when, where, and how a transnational investor should invest in the pursuit of its sustained competitive advantages in the global marketplace. The objective of this book is to provide international managers with conceptual frameworks, general guidelines, governmental policies, and insightful evidence useful for their strategic investment decisions involving the People’s Republic of China, a country which is now the largest emerging economy and the biggest foreign direct investment absorption developing country in the world.
International Investment and Dispute Settlement: Understanding the China–European Union Comprehensive Agreement on Investment (The Rule of Law in China and Comparative Perspectives)
by Chunlei ZhaoThis book analyzes the dispute settlement mechanisms under the EU-China Comprehensive Agreement on Investment (CAI), including the already established mechanisms for general state-to-state dispute settlement and the Mechanism to Address Differences for investment and sustainable development issues. When China and the EU, two of the biggest players in international investment, announced the completion of the China-European Union CAI negotiations, the dispute settlement system remained incomplete. While they reached an agreement on state-to-state dispute settlement, the controversial investor-state dispute settlement is subject to ongoing negotiations. This book explores the possible procedural design of investor-state dispute settlement mechanisms under the EU-China CAI, including potential proposals, issues, and solutions. In addition, this work analyzes the separation, connection, and combination of state-to-state and investor-state dispute settlement, all with a mind to ensuring the function and operation of diverse mechanisms and establishing a comprehensive system for successful investment dispute settlement. Focusing on the complete dispute settlement system under the EU-China CAI, this book will be a valuable resource for students, academics, and policymakers working in the areas of international dispute resolution, international investment law, international economic law, and comparative law.
International Investment for Sustainable Development: Balancing Rights and Rewards
by Lyuba ZarskyInternational Investment for Sustainable Development critically examines the interface between sustainability, development, and the governance of international investment. It challenges the conventional view that foreign direct investment is a 'miracle drug' for developing countries and exposes serious shortcomings in the current international investment regime. Composed of norms, agreements, treaties and regulations, the emerging investment regime expands the rights of transnational corporations (TNCs) without commensurate rewards for the common good. Drawing on both research and engaged advocacy, the contributors ultimately map out a new way forward, towards the creation and implementation of international investment rules that will promote global sustainability and equity.
International Investor: Islamic Finance and the Equate Project
by Benjamin C. Esty Mathew Mateo MillettEquate Petrochemical Co. (Equate) is a joint venture between Union Carbide Corp. and Petrochemical Industries Co. (PIC) for the construction of a $2 billion petrochemical plant in Kuwait. The sponsors began construction in August 1994, using a bridge loan, and are in search of permanent, nonrecourse finance. As part of the permanent financing, the sponsors want to use a tranche of Islamic finance--funds that are invested in accordance with Islamic religious principles known as Sharia. The sponsors hired Kuwait Finance House which, in turn, approached The International Investor (TII is a Kuwaiti investment bank) to assist in structuring and underwriting the Islamic tranche. The case is set in early December 1995, as members of The Institutional Investor's Structured Finance Group are deciding which Islamic structure to use, how to resolve various conflicts between the Islamic and conventional tranches, and how large a commitment to make on behalf of their investors.
International Jobs: Where They Are, How to Get Them
by Nina Segal Eric KocherFrom teaching English to analyzing intelligence for the federal government, the international field offers a broad spectrum of exciting job opportunities. <P><P>For over twenty years, International Jobs has been the authoritative guide for researching and launching an international career. In this newly revised sixth edition, veteran career counselor Nina Segal updates Eric Kocher's classic reference, providing all the tools necessary for understanding the complex international job market and finding the right employment options. With the tried and true components of previous editions-practical résumé and interviewing advice, market analysis, and insightful "day-in-the-life" stories-as well as substantially increased Web resources, International Jobs is the essential comprehensive reference for students and established professionals alike who want a career in the global marketplace.
International Joint Ventures: Theory and Practice
by Yadong Luo Aimin YanThe first book-length treatment of theories, practical lessons, and the full set of critical issues that affect international joint ventures. It addresses culture, human resources, learning, legal, management, and research and development, and presents a full set of decisions and detailed guidelines for IJV formation and management. It also thoroughly analyzes 30 case studies.
International Labor Mobility: Unemployment and Increasing Returns to Scale (Routledge Studies in the Modern World Economy #Vol. 46)
by Bharati BasuMigration of workers within and across national boundaries is an important issue in an age of increasing levels of innovation and invention which economizes cost and helps large scale production.This book analyses the implications of migration for the levels of unemployment and distinguishes between unemployment which can be attributed to government policy and that which can be generated by a particular behavior of employers and workers. The discussion also includes the issue of foreign workers' effects on unemployment levels - a salient issue in today's climate.With impressive clarity and a scholarly approach, Bharati Basu succeeds in explaining and analysing and important yet complicated topic. This book will be of use to students, academics and professionals interested in labor economics, industrial studies and international business.
International Labour Migration in the Middle East and Asia: Issues of Inclusion and Exclusion (Asia in Transition #8)
by Kwen Fee Lian Naomi Hosoda Masako IshiiThe discourse on migration outcomes in the West has largely been dominated by issues of integration, but it is more relevant to view immigration in non-Western societies in relation to practices of exclusion and inclusion. Exclusion refers to a situation in which individuals and groups are usually denied access to the goods, services, activities and resources associated with citizenship. However, this approach has been criticised in relation to gender issues, which are very relevant to the situation of migrants. The authors in this volume address this criticism. Furthermore, when framed within a North–South discourse, it may be potentially ethnocentric to assume that the experience of exclusion is cross-culturally uniform. Indeed, work on migration issues has invariably been conducted within such a discourse. The contributors go beyond this binary discourse of ‘exclusion versus inclusion’ which has dominated migration research. They examine the situation of migrants in the Middle East and Asia as one that encompasses both exclusion and inclusion, addressing related concepts of empowerment, ethnocracy, the feminisation of migration and gendered geographies of power, liberal constraint and multiculturalism, individual agency, migrant-friendly discourses, spaces of emancipation and spaces of insecurity. The book highlights current research in the Arab Gulf states, and examines multiculturalism in Asia more broadly. It will be of particular interest to students and researchers in international labour migration studies in the Middle East and Asia.
International Labour Mobility: How Remittances Shape the Labour Migration Model
by Valentina Vasile Elena Bunduchi Daniel Stefan Calin-Adrian ComesThis book provides a multidisciplinary analysis of the links between migration and remittances. The role of remittances in influencing migration decision is explored in relation to economic development, education, the labour market, and social factors. The impact of remittances on migration is examined from a global perspective, with a focus on both specific countries and larger regions, such as the European Union and the former Soviet states. The challenges in managing migration flows are also discussed, alongside the impact of COVID-19 on migration, and policy suggestions are made for the efficient management of labour migration.This book aims to offer a comparative analysis of the impact of remittances resulting from labour migration and foreign direct investment on the economic growth. It will be relevant to researchers and policymakers interested in labour and migration economics.
International Labour Organization and Global Social Governance
by Ulla Liukkunen Tarja HalonenThis open access book explores the role of the ILO (International Labour Organization) in building global social governance from multiple and mutually complementary perspectives. It explores the impact of this UN´s oldest agency, founded in 1919, on the transforming world of work in a global setting, providing insights into the unique history and functions of the ILO as an organization and the evolution of workers’ rights through international labour standards stemming from its regulatory mechanism.The book examines the persistent dilemma of balancing the benefits of globalization with the protection of workers. It critically assesses the challenges that emerge when international labour standards are implemented and enforced in highly diverse regulatory frameworks in international, regional, national and local contexts. The book also identifies feasible ways to achieve more inclusive labour protection, putting into perspective the tension between the economic and the social in the ILO’s second century of operation. It includes reflections on the work of the ILO World Commission on the Social Dimension of Globalisation by Tarja Halonen, who as President of Finland co-chaired the Commission with Benjamin William Mkapa, President of Tanzania.Written by distinguished experts and scholars in the fields of international labour law and international law, the book provides an insightful and in-depth analysis of the role of the ILO as an international organization devoted to decent work and social justice. It also sheds light on tripartism and its particular role in the work of the ILO, examining the challenges that a profoundly changing working life presents in terms of labour protection and social justice, and examining the transnational dimension of labour law. Lastly, the book includes a postscript by Nobel economics laureate Professor Joseph E. Stiglitz.
International Labour Statistics: A Handbook, Guide, and Recent Trends (Routledge Library Editions: Labour Economics #3)
by R. BeanFirst published in 1989. The oil crises of the 1970s and increasing international competitive pressures had profoundly changed the structure and performance of labour. Analysis of labour markets, and especially international comparisons, can be difficult, given the differences between definitions, scope, coverage of data, methods, presentation, and economic and social influence in different regions. This book is an invaluable guide for users of international labour statistics. It centralizes and co-ordinates, from a range of sources, basic statistical information regarding the labour force for a large number of countries. Individual chapters, by specialists in the particular subject areas, deal with eight key aspects relating to the labour markets of major, developed capitalist countries (OECD countries); working population, unemployment, wages, consumer prices, labour costs, hours of work, trade union membership, and industrial disputes. The book discusses the nature of the data sources and statistical compilations, highlights cross-national trends over the past fifteen years, outlines the inherent difficulties of making such cross-country comparisons, and points out the potential pitfalls of interpretation of which users are often insufficiently aware. The book includes a summary of key labour market data, on an individual country basis, for twenty-four OECD countries and twenty other countries.
International Labour and the Third World: The Making of a New Working Class (Routledge Revivals)
by Robin Cohen Peter C.W. Gutkind Rosalind E. BoydOriginally published in 1987, this book focusses on the debate around the international role of the working class and other dominated classes such as the rural and urban poor. The contributions discuss whether Marx’s original version of the revolutionary role of workers can still be sustained. They examine the response of workers to the globalisation of production, to structural unemployment in the industrialized world and to the changing composition of the workforce in the industrialising periphery. The volume questions the historic starting points in the theorization of international labour.
International Law and Business: A Global Introduction (Routledge-Noordhoff International Editions)
by Bart WernaartThis book introduces law in the context of international business. The basics of law are explored using a clear comparative methodology. International and regional economic institutions are discussed, next to the fundaments of private law. These include contract law, liability law, labour law, company law, privacy law, intellectual property law and international private law. The book goes beyond the usual focus on Western legal systems and uses examples from all over the world to provide students with comprehensive knowledge of business law. It is set up rather broadly, so that it can be used by teachers throughout their entire curriculum. Each chapter ends with a clear summary, and practice questions. Due to its colourful cases, this book is accessible and fun to read.
International Law and Civil Wars: Intervention and Consent (Law, Conflict and International Relations)
by Eliav LieblichThis book examines the international law of forcible intervention in civil wars, in particular the role of party-consent in affecting the legality of such intervention. In modern international law, it is a near consensus that no state can use force against another – the main exceptions being self-defence and actions mandated by a UN Security Council resolution. However, one more potential exception exists: forcible intervention undertaken upon the invitation or consent of a government, seeking assistance in confronting armed opposition groups within its territory. Although the latter exception is of increasing importance, the numerous questions it raises have received scant attention in the current body of literature. This volume fills this gap by analyzing the consent-exception in a wide context, and attempting to delineate its limits, including cases in which government consent power is not only negated, but might be transferred to opposition groups. The book also discusses the concept of consensual intervention in contemporary international law, in juxtaposition to traditional legal doctrines. It traces the development of law in this context by drawing from historical examples such as the Spanish Civil War, as well as recent cases such those of the Democratic Republic of the Congo, Somalia, Libya, and Syria. This book will be of much interest to students of international law, civil wars, the Responsibility to Protect, war and conflict studies, and IR in general.
International Law and Global Governance: Treaty Regimes and Sustainable Development Goals Implementation
by Alexandra R. HarringtonThis book explores the methods through which international law and its associated innovative global governance mechanisms can strengthen, foster and scale up the impacts of treaty regimes and international law on the ability to implement global governance mechanisms. Examining these questions through the lens of the Sustainable Development Goals (SDGs), the book looks at environmental, social and economic treaty regimes. It analyses legal methodologies as well as comparative methods of assessing the relationship between the SDGs and treaty regimes and international law. Contradictions exist between international treaty regimes and principles of international law resulting in conflicting implementation of the treaty regimes and of global governance mechanisms. Without determining these areas of contest and highlighting their detrimental impacts, the SDGs and other efforts at global governance cannot maximize their legal and societal benefits. The book concludes by suggesting a path forward for the SDGs and for international treaty regimes that is forged in a solid understanding and application of the advantages of global governance mechanisms, including reflections from the COVID-19 pandemic experience. Addressing the strengths, gaps and weaknesses related to treaty regimes and global governance mechanisms, the book provides readers with a comprehensive understanding of this increasingly important topic. It will be of interest to students, researchers and practitioners with an interest in sustainability and law.
International Law and Ocean Management: The Evolution Of Ocean Governance (Routledge Advances in Maritime Research)
by Lawrence JudaThis book places contemporary problems of ocean use management in historical context beginning with the time of Hugo Grotius, whose seminal 1609 work The Freedom of the Seas was the basis of ocean law for the next three centuries. Individual use problems are dealt with in detail and include overfishing, migrating fish stocks and fish wars, oil drilling, deep sea mining and marine pollution. Throughout the author notes the need to seek solutions in ocean management from a more integrated perspective. Emphasis is placed on the United Nations Conference on the Law of the Sea and the resulting agreements. This book therefore presents a unique breadth of view which will make it salient to policy makers, diplomats, scholars and ocean users.
International Law for Energy and the Environment
by Patricia ParkThis revised edition of Energy Law and the Environment considers how international and national legislation now requires the energy sector to focus more on sustainability and the circular economy in response to new policies at both international and national levels. It explores how environmental law engages with multinational companies regarding energy sources, ownership of those resources, and state sovereignty. Written for all the players in the energy sector, lawyers and non-lawyers alike, this third edition considers the issues of energy sector regulation related to economics and protection of intellectual property associated with the development of technologies for mitigating environmentally damaging emissions. It has been updated throughout and adds new and fully revised chapters on subjects, including climate change, human rights, renewable energy, and energy law in China. Features: Updated throughout and adds new and fully revised chapters Focuses on the global trends and mandates towards environmental sustainability Examines the latest international legislation involving climate change Includes the coverage of oil and gas industries, as well as nuclear and renewable energy