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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 EU Law
by Marc Bungenberg Joern Griebel Steffen HindelangThe entry into force of the Lisbon Treaty entails sweeping changes with respect to foreign investment regulation. Most prominently, the Treaty on the Functioning of the European Union (TFEU) now contains in its Article 207 an explicit competence for the regulation of foreign direct investment as part of the Common Commercial Policy (CCP) chapter. With this new competence, the EU will become an important actor in the field of international investment politics and law. The new empowerment in the field of international investment law prompts a multitude of questions. This volume analyzes in depth the new "post-Lisbon situation" in the area of investment policy, provokes further discussion and offers new approaches.
International Investment Law and Gender Equality: Stabilization Clauses and Foreign Investment (Routledge Research in International Economic Law)
by Sangwani Patrick Ng’ambi Kangwa-Musole George ChisangaThis book analyses the impact that stabilization clauses have on the development of human rights and gender laws in resource rich nations.Given the fact that stabilization clauses freeze the law for as long as the contract subsists there has been debate on the negative impact stabilization clauses have on the progressive development of human rights in the host State. Firstly, the book examines the mechanisms investors utilise in protecting themselves from host State prerogatives. It then explores the theoretical basis on which stabilization clauses are applied and upheld by arbitral tribunals, and assesses how they can be drafted in a way that protects human rights, particularly in relation to gender discrimination, without forcing the resource rich nations to lose momentum in attracting foreign direct investment. Using Zambia and the Gender Equity and Equality Act of 2015 as a case study, the book explores the compatibility of the legislation with the stabilization clauses contained in the country’s Development Agreements.The book will be of interest to practitioners, scholars and students of international investment law, human rights law and contract law.
International Investment Law and Globalization: Foreign Investment, Responsibilities and Intergovernmental Organizations (Routledge Research in International Law)
by Jean-Michel MarcouxIn a context of neoliberal globalization, have the processes of elaboration and implementation of foreign investors' responsibilities by intergovernmental organizations reached the realm of legality? Using an analytical framework and a methodology that combines international law with international relations, this book provides a twofold answer to thisquestion. First, it demonstrates that the normative integration of foreign investors' responsibilities in international investment law is fragmented and consistent with the interests of the most powerful actors. Second, while using the interactional theory of international law to assess the normative character of several international instruments elaborated and implemented by intergovernmental organizations, it highlights the sense of obligation that each instrument generates. The analysis demonstrates that such a codification process is marked by relations of power and has resulted in several social norms, with relatively few legal norms.
International Investment Law and Legal Theory: Expropriation and the Fragmentation of Sources (Cambridge Studies in International and Comparative Law)
by Jörg KammerhoferExpropriation is a hotly debated issue in international investment law. This is the first study to provide a detailed analysis of its norm-theoretical dimension, setting out the theoretical foundations underlying its understanding in contemporary legal scholarship and practice. Jörg Kammerhofer combines a doctrinal discussion with a theoretical analysis of the structure of the law in this area, undertaking a novel approach that critically re-evaluates existing case-law and writings. His approach critiques the arguments for a single expropriation norm based on custom, interpretation and arbitral precedents within international investment law, drawing also on generalist international legal thought, to show that both cosmopolitan and sovereigntist arguments are largely political, not legal. This innovative work will help scholars to understand the application of theory to investment law and help specialists in the field to improve their arguments.
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 Law of Armed Conflict (European Yearbook of International Economic Law)
by Katia Fach Gómez Anastasios Gourgourinis Catharine TitiAssessing the extent to which armed conflict impacts the obligations that states have towards foreign investors and their investments under international investment treaties requires considering a wide range of issues, many of which are systemic in nature. These include substantive and procedural topics, not only with regard to international investment law, but also concerning the law on the use of force, international humanitarian law and human rights law, the law of treaties, the law of state responsibility and the law of state succession.This volume provides an in-depth assessment of the overlap between international investment law and the law of armed conflict by charting the terrain of the multifaceted and complex relationship between these two fields of public international law, fostering debate and offering novel perspectives on the matter.
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 Reform: Contemporary Issues and Solutions (Routledge Research in International Law)
by Obiajunwa AmaThis book offers contemporary assessment of the challenges facing international investment law and proposes innovative solutions for reform.The most controversial issue in international investment law is on the settlement of investor-state disputes and its implications on national regulatory autonomy. This book recognises that current literature in international investment law fails to adequately incorporate diverse perspectives. Therefore, it interrogates the United Nations Sustainable Development Goals and their relationship with international investment policies of developing countries, particularly in Africa where there has been a marked increase in investor-state disputes. Despite existing reform proposals by the UNCITRAL Working Group III, and emerging progressive treaty drafting practices around the world, there remains a need for further clarity on how the world should proceed in reforming and restructuring international investment law and policy. This book contributes to existing body of research knowledge by presenting new evidence and proposing practical solutions to enhancing the regulation of international investments and promotion of sustainable development.It will inform a range of stakeholders including investors, civil society organisations, States, students, and international organisations such as the World Bank.
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 Judicial Practice on the Environment: Questions of Legitimacy (Studies on International Courts and Tribunals)
by Christina VoigtMore and more environmental cases are being heard and decided by international courts and tribunals which lack special environmental competence. This situation raises fundamental questions of legitimacy of the environmental practice of international courts. This book addresses inter alia questions of who has legal standing to bring an environmental claim before an international court, on which legal norms is the case decided and whether judges have the necessary expertise to adjudicate environmental cases of often complex nature. It analyses which challenges international courts face, which possibilities they have and which advances international judicial practice has been able to make in protecting the environment. Through the prism of legitimacy important insights emerge as to whether international courts and tribunals are fit for addressing some of the most pressing global challenges of our time.
International Judicial Review: When Should International Courts Intervene? (Studies on International Courts and Tribunals)
by Shai DothanThis book is motivated by a question: when should international courts intervene in domestic affairs? To answer this question thoroughly, the book is broken down into a series of separate inquiries: when is intervention legitimate? When can international courts identify good legal solutions? When will intervention initiate useful processes? When will it lead to good outcomes? These inquiries are answered based on reviewing judgments of international courts, strategic analysis, and empirical findings. The book outlines under which conditions intervention by international courts is recommended and evaluates the implications that international courts have on society.
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 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 Law: Cases and Materials (6th Edition)
by Lori F. Damrosch Sean D. MurphyThis classic international law casebook has been updated to cover recent case law, including the International Court s Extradite or Prosecute (Belgium v. Senegal) case, and the Supreme Court s decisions in Samantar v. Yousef (on foreign sovereign immunity) and Kiobel v. Royal Dutch Petroleum (on the Alien Tort Statute). With extraordinary range and depth, this casebook probes "hot topics" such as the Syrian civil war, the seizure of pirates, and the ICC's indictments of African leaders, all calculated to provoke engaging classroom discussions. This casebook is designed for introductory and advanced classes, with detailed readings on the structure and actors of international law and on specialized areas.
International Law
by Donald R. Rothwell Stuart Kaye Afshin Akhtarkhavari Ruth Davis Donald R. Rothwell Stuart Kaye Afshin AkhtarkhavariWhile the size of the world's fishing catch remains at a constant level, current fishing practices are placing increasing pressure on stocks, and in turn threatening the communities which rely on them. This work examines the role of international law in dealing with this crisis in world fisheries, discussing the principles of marine living resource management found in contemporary international law, and analysing the means by which those principles are implemented. The study is focused around the two principal approaches to fisheries management: the first based upon maximising the yield of particular stocks, and reflected in the content of the 1982 United Nations Convention on the Law of the Sea; and the second founded on the precautionary approach and the associated notion of risk assessment, which encourage taking into account the management of the entire ecosystem. The author explores the legal bases of these different approaches and charts their development in international law. The work makes a comparative analysis of the two systems with reference to two international conventions, operating in analogous polar environments: the Bering Sea `Doughnut Hole' Convention, designed to preserve the pollock stock in the central area of the Bering Sea; and the Convention for the Conservation of Antarctic Marine Living Resources (CCAMLR), designed to manage all the elements of the marine ecosystem of the Southern Ocean. The author concludes with a discussion of the difficulties common to both approaches in the area of compliance, and proposes a number of mechanisms by which the management of stocks could be improved.
International Law
by Jan KlabbersThe Finnish Yearbook of International Law aspires to honour and strengthen the Finnish tradition in international legal scholarship. Open to contributions from all over the world and from all persuasions, the Finnish Yearbook stands out as a forum for theoretically informed, high-quality publications on all aspects of public international law, including the international relations law of the European Union. The Finnish Yearbook publishes in-depth articles and shorter notes, commentaries on current developments, book reviews and relevant overviews of Finland's state practice. While firmly grounded in traditional legal scholarship, it is open for new approaches to international law and for work of an interdisciplinary nature. The Finnish Yearbook is published for the Ius Gentium Association (the Finnish Society of International Law) by Hart Publishing. Further information may be found at www. fybil. orgINDIVIDUAL CHAPTERSPlease click on the link below to purchase individual chapters from Volume 20 through Ingenta Connect:www. ingentaconnect. comSUBSCRIPTION TO SERIESTo place an annual online subscription or a print standing order through Hart Publishing please click on the link below. Please note that any customers who have a standing order for the printed volumes will now be entitled to free online access. www. hartjournals. co. uk/fyil/subs
International Law (The\library Of Essays In International Law Ser.)
by Jan KlabbersWritten by one of the world's leading international lawyers, this is the new and updated edition of Jan Klabbers' landmark textbook. International law can be defined as 'the rules governing the legal relationship between nations and states', but in reality it is much more complex, with political, diplomatic and socio-economic factors shaping the law and its application. This refreshingly clear, concise textbook encourages students to view international law as a dynamic system of organising the world. Bringing international law back to its first principles, the book is organised around four questions: Where does it come from? To whom does it apply? How does it resolve conflict? And what does it say? Building on these questions with both academic rigour and clarity of expression, Professor Klabbers breathes life and energy into the subject. Footnotes point students to the wider academic debate while chapter introductions and final remarks reinforce learning. This third edition includes references to new case-law and literature, and features brief discussions on recent topics of general interest, including Brexit and the worldwide outbreak of the Coronavirus.
International Law
by Jan KlabbersInternational Organizations assembles sixteen important essays addressing various issues relating to the law of international organizations, highlighting theoretical issues and ongoing political debates and emphasizing issues of control. The introductory essay provides an overview of the development of the politico-legal debate and situates the law of international organizations historically and in its contemporary context.
International Law
by Malcolm N. Shaw QCWhat is the relationship between a State and its territory? How has the process of acquiring territory evolved? What happens in cases where an occupying force is involved? What about cases where a territory is being administered by an international body? This book examines the international legal principles relating to territory, and surveys the role of territory within the international political system. Shaw examines the long historical evolution of the international law of territory- from the concepts of discovery, control, conquest and succession, to colonial protectorates and the more modern processes of decolonization and the principle of self-determination. Once independent, the state is protected by the international legal principle of territorial integrity. The nature of this principle and the legal challenges to it are examined. This book also explores the legal principles in play in boundary disputes and the nature and role of boundary treaties. Finally, Shaw examines situations where a non-sovereign power exercises control over a territory, including cases of belligerent occupation and aspects of international territorial administration.
International Law: Solutions (1999-2000 Llb Examination Questions And Suggested Solutions Ser.)
by John O'BrienFirst published in 2001. Routledge is an imprint of Taylor & Francis, an informa company.
International Law: Text, Cases and Materials
by David PataraiaInternational Law: Text, Cases and Materials provides not only an essential introduction to the core concepts and foundational principles of international law, but also a detailed overview of each established area in which international law operates. Featuring cases, materials, and illustrative figures throughout to enhance the level of context and detail provided, the book covers everything a student of international law requires. Topics include the law of treaties, international organisations, the international protection of human rights, responsibility in international law, jurisdiction, diplomatic and consular law, territory in international law, the law of the sea, international air and space law, international economic law, international environmental law, and international humanitarian law. This comprehensive textbook will be essential reading not only for any course on international law, but also as a starting point for those wishing to grasp the context of a particular area of international law before exploring further.
International Law
by Donald R. Rothwell Stuart Kaye Afshin Akhtarkhavari Ruth DavisWith a strong focus on Australian practice and interpretation of international law, this comprehensive cases and materials textbook will provide students with a contemporary understanding of an area of law that has seen major changes in recent years. Written by a team of pre-eminent experts, International Law: Cases and Materials with Australian Perspectives is unique in reflecting the Australian context, perspectives and values on international law. Each chapter covers a substantive area of the law with specialist topics on human rights, law of the sea, and international environmental law. Students will be able to readily identify the key principles, rules and distinctive learning points and will benefit from the clear exposition of state practice in the field, how it has contributed to the development of the law, and how Australian governments have viewed and interpreted international law.
International Law
by Donald R. Rothwell Stuart Kaye Afshin Akhtarkhavari Ruth DavisWhile the size of the world's fishing catch remains at a constant level, current fishing practices are placing increasing pressure on stocks, and in turn threatening the communities which rely on them. This work examines the role of international law in dealing with this crisis in world fisheries, discussing the principles of marine living resource management found in contemporary international law, and analysing the means by which those principles are implemented. The study is focused around the two principal approaches to fisheries management: The first based upon maximising the yield of particular stocks, and reflected in the content of the 1982 United Nations Convention on the Law of the Sea; And The second founded on the precautionary approach And The associated notion of risk assessment, which encourage taking into account the management of the entire ecosystem. The author explores the legal bases of these different approaches and charts their development in international law. The work makes a comparative analysis of the two systems with reference to two international conventions, operating in analogous polar environments: The Bering Sea `Doughnut Hole' Convention, designed to preserve the pollock stock in the central area of the Bering Sea; And The Convention For The Conservation of Antarctic Marine Living Resources (CCAMLR), designed to manage all the elements of the marine ecosystem of the Southern Ocean. The author concludes with a discussion of the difficulties common to both approaches in the area of compliance, and proposes a number of mechanisms by which the management of stocks could be improved.