Foreign Investment, International Law and Common Concerns

ISBN-13: 9780415816052 / Angielski / Twarda / 2013 / 400 str.

Tullio Treves; Francesco Seatzu; Seline Trevisanut

Opis

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.

Spis treści

1. introduction, Foreign Investments and Common Concerns, Tullio Treves  Part 1: General International Law Issues  2. The Jurisprudence of Investment Treaty Tribunals: Betweeen public good and common concern, Stephan Schill  3. Regulatory Measures, Standards of Treatment and the Law Applicable to Investment Disputes, Paolo Bertoli and Zeno Crespi Reghizzi  4. Investor Rights and Well-Being: Remarks on the interpretation of investment treaties in light of other rights, Luigi Crema  5. Necessity Exceptions, the Argentine Crisis and Legitimacy Concerns: Or the Benefits of a Public International Law Approach to Investment Arbitration, Christina Binder  6. The Role of Amicus Curiae in Investment Disputes: Striking a balance between confidentiality and broader policy considerations, Chiara Ragni  7. Standards and Guidelines: Some interfaces with private investments, Laurence Boisson de Chazournes  Part 2: Institutional Aspects  8. The World Bank Guidelines on the Treatment of Foreign Direct Investment 20 Years On, Francesco Seatzu  9. Non Trade Values Protection and Investment Protection in EU Investment Policy, Anna De Luca  10. Going Green at the European Investment Bank: An environmental policy for non EU lending, Sara De Maria  11. Promoting Investments in Sustainable Development Through Multilateral Environmental Agreements, Francesca Romanin Jacur  Part 3: Common Concerns: Selected Issues  12. Mapping Environmental Concerns in International Investment Agreements: How far have we gone?, Michele Potesta 13. Environmental Expropriation in International Investment Law, Paolo Vargiu  14. Applying Corporate Social Responsibility to Foreign Investments: Failures and prospects, Angelica Bonfanti  15. Foregin Investments in the Offshore Energy Industry: Investment protection v. energy security v. protection of the marine environment, Seline Trevisanut  16. Right to Property, Investments and Environmental Protection: The perspectives of the European and Inter-American Courts of Human Rights, Cesare Pitea  17. The Protection of Cultural Rights and Cultural Heritage in International Investment Law and Arbitration, Giulia Bigi  18. International Investment Law and the International Protection of Workers' Rights, Stefano Brugnatelli  19. Public Interest Concerns in International Investment Arbitration in the Water Services Sector, Attila Tanzi  20. Sovereign Debt Restructuring and Investment Protection, Annamaria Viterbo

O autorze

Tullio Treves is Professor of International Law at the University of Milan, Italy and a former Judge at the International Tribunal for the Law of the Sea.

Francesco Seatzu is Professor of International and European Union Law at the University of Cagliari, Italy.

Seline Trevisanut is a Marie Curie Fellow and Assistant Professor at the Netherlands Institute for the Law of the Sea　of Utrecht University.