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Vol 22 No 9 Sept/Oct 2017

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Foreign Investment, International Law and Common Concerns


ISBN13: 9781138935198
Published: August 2015
Publisher: Routledge
Country of Publication: UK
Format: Paperback (Hardback in 2013)
Price: £32.99
Hardback edition , ISBN13 9780415816052



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Increasingly, trans-national corporations, developed countries and private actors are broadening the boundaries of their investments into new territories, in search of a higher return on capital. However, various exponents of international civil society and NGOs, as well as a growing number of academic researchers, persuasively claim that such growth of financial capitals in the form of foreign investments constitutes a potential and serious hazard both to the environment and the fundamental rights and freedoms of local populations. The relationship between foreign investments, currently the largest source of foreign private capital reaching developing countries, and common concerns, global threats that affect one single state, a specific group and/or the whole international community appears particularly problematic.

This book explores, from an international law perspective, the various facets of the relationship between foreign investments and common concerns. It pays particular attention to the role of the main international development banks in reconciling the needs of foreign investors with the protection of common concerns, such as the environment, human rights and labour rights. The volume asks questions of international investment law including: how much "regulatory space" does investment law leave? Are there common features at the institutional and interpretative level regarding the relationship between human rights, the protection of environment and investment law? Is international investment law an effective means of balancing contrasting interests? Does investment arbitration currently constitute a mechanism of global governance? This book provides valuable insights to the relationships between international investment law and common concerns looking at both substantive issues and institutional aspects.

Subjects:
International Investment Law
Contents:
1. Foreign Investments and Common Concerns: An Introduction, Tullio Treves

Part 1: Institutional Frameworks
2. The International Development Banks' Action Plans to Address Common Concerns While Supporting Foreign Investments: Reconciling the Irreconcilable?, Francesco Seatzu
3. Sovereign Debt Restructuring and Investment Protection, Annamaria Viterbo
4. Non Trade Values Protection and Investment Protection in EU Investment Policy, Anna De Luca
5. Greening the European Investment Bank: An Environmental Policy for Non EU Lending, Sara De Maria
6. "Side Agreements" for the Protection of Common Concerns : Which Lesson from NAFTA Successes and Failures?, Seline Trevisanut
7. Are Multilateral Environmental Agreements promoting private investments in sustainable development?, Francesca Romanin Jacur

Part 2: Common Concerns: Selected Aspects
8. Is There Room for Environmental Concerns Within International Investment Agreements?, Michele Potesta
9. Environmental Expropriation in Investment Law, Paolo Vargiu
10. Two Perspectives on the Right to Property and Environmental Protection: The Case Law of the European and Inter-American Courts of Human Rights, Cesare Pitea
11. International Investment Law and the Protection of Cultural Rights, Giulia Bigi
12. International Investment Law and the International Protection of Workers' Rights, Stefano Brugnatelli
13. International Investment Arbitrations in the Water Services Sector, Attila Tanzi
14. Corporate Social Responsibility as a Tool or an Obstacle for Foreign Investment?, Angelica Bonfanti

Part 3: General International Law Issues
15. Agreements in Legal Context: Systemic Interpretation of Investment Treaties, Luigi Crema
16. Necessity Exceptions, the Argentine Crisis and Legitimacy Concerns. Or the Benefits of a General International Law Approach to Investment Arbitration, Christina Binder
17. The Jurisprudence of Investment Treaty Tribunals: Between Public Good and Common Concern, Stephan Schill
18. The Role of Amicus Curiae in Investment Disputes: Striking a Balance Between Confidentiality and Broader Policy Considerations, Chiara Ragni
19. Regulatory Measures and the Law Applicable to Investment Disputes, Paolo Bertoli and Zeno Crespi Reghizzi

Series: Routledge Research in International Economic Law

Trade Remedies: A Development Perspective ISBN 9780415544757
To be published August 2019
Routledge
£105.00
Defences in International Investment Law ISBN 9781138833630
To be published June 2018
Routledge
£105.00
International Investment Law and Policy in Africa ISBN 9781138240629
Published September 2017
Routledge
£115.00
International Investment Law and Policy in Africa (eBook) ISBN 9781351998819
Published September 2017
Routledge
£31.71 + £6.34 VAT
(ePub)
Buy
£33.32 + £6.66 VAT
(ePub)
Buy
International Investment Law and the Right to Regulate ISBN 9781138924970
Published March 2016
Routledge
£110.00
Culture and International Economic Law (eBook) ISBN 9781317910756
Published February 2015
Routledge
£33.32 + £6.66 VAT
(ePub)
Buy
Culture and International Economic Law ISBN 9780415723268
Published February 2015
Routledge
£110.00
Improving International Investment Agreements ISBN 9781138843387
Published October 2014
Routledge
£37.99
The WTO and Infant Industry Promotion in Developing Countries ISBN 9781138019553
Published October 2014
Routledge
£110.00
International Investment Law: A Chinese Perspective ISBN 9780415500036
Published September 2014
Routledge
£150.00
International Investment Law: A Chinese Perspective (eBook) ISBN 9781134442492
Published September 2014
Routledge
£33.32 + £6.66 VAT
(ePub)
Buy
£26.95
Public Health in International Investment Law and Arbitration ISBN 9781138025233
To be published February 2014
Routledge
£28.99
£33.32 + £6.66 VAT
(ePub)
Buy
£33.32 + £6.66 VAT
(ePub)
Buy
Improving International Investment Agreements ISBN 9780415671972
Published November 2012
Routledge
£110.00
£33.32 + £6.66 VAT
(ePub)
Buy
The WTO and the Environment: Development of Competence Beyond Trade ISBN 9780415527125
Published October 2012
Routledge
£110.00
Public Health in International Investment Law and Arbitration ISBN 9780415507493
Published July 2012
Routledge
£110.00
£33.32 + £6.66 VAT
(ePub)
Buy
£33.32 + £6.66 VAT
(ePub)
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Foreign Investment and Dispute Resolution Law and Practice in Asia ISBN 9780415610742
Published November 2011
Routledge
£110.00
£33.32 + £6.66 VAT
(ePub)
Buy
Recognition and Regulation of Safeguard Measures Under GATT/WTO ISBN 9780415619592
Published May 2011
Routledge
£110.00