Investment Law Within International Law: Integrationist Perspectives

ISBN-13: 9781107038882 / Angielski / Twarda / 2013 / 568 str.

Freya Baetens

Opis

Analyses how solutions for resolving problems in investment law contribute to addressing problems in other international legal settings, and vice versa.

Recenzje

'This book is commendable for offering access to the insights of leading scholars from diverse backgrounds who discuss a subject that has not been widely explored before. Investor-state arbitrations have grown tremendously in the last two decades and this book is a mustread for practitioners, researchers, and students of investment law and international arbitration.' Cindy Fazzi, Dispute Resolution Journal

Spis treści

Foreword Nico Schrijver; Part I. International Investment and Armed Conflict: 1. The protection of investments in armed conflicts Christoph Schreuer; 2. The interaction between investment law and the law of armed conflict in the interpretation of full protection and security clauses Gleider I. Hernández; 3. International criminal responsibility of transnational corporate actors doing business in zones of armed conflict Philipp Ambach; Part II. International Investment and Human Rights: 4. Investment tribunals and human rights treaties: a sociological perspective Moshe Hirsch; 5. The interaction of international investment arbitration and the rights of indigenous peoples Judith Levine; 6. The protection against expropriations in Venezuela: a right to property in theory? Leonie Timmers; 7. International human rights and the interpretation of international investment treaties - constitutional considerations N. Jansen Calamita; Part III. International Investment and Sustainable Development: 8. International investment agreements and the emerging green economy: rising up to the challenge Markus W. Gehring and Avidan Kent; 9. The role of international investment agreements in fostering sustainable development Wolfgang Alschner and Elisabeth Tuerk; 10. Reservations, corporate social responsibility, and other mechanisms in support of sustainable development in Canada's model Foreign Investment Promotion and Protection Agreement (FIPA) Pierre-Olivier Savoie; 11. Deciding international investment agreement applicability: the development argument in investment Diane A. Desierto; Part IV. International Investment, Trade and Developing Countries: 12. International investment law and trade: the relationship that never went away Mary E. Footer; 13. Reviewing the administration of domestic regulation in WTO and investment law: the international minimum standard as 'one standard to rule them all'? Anastasios Gourgourinis; 14. Are investment treaty standards flexible enough to meet the needs of developing countries? Ursula Kriebaum; 15. Relevance of the host state's development status in investment treaty arbitration Maria Gritsenko; Part V. International Investment and the European Union: 16. The investment regime under Article 207 TFEU: a legal conundrum, the scope of 'foreign direct investment' and the future of intra-EU BITs Friedl Weiss and Silke Steiner; 17. International investment and the European Union: an uneasy relationship Thomas Henquet; 18. The new EU competence in foreign direct investment and intra-EU investment treaties: does the emperor have new clothes? Rumiana Yotova; Part VI. Outlook: International Investment in the Twenty-First Century: 19. International investment dispute settlement in the twenty-first century: does the preservation of the public interest require an alternative to the arbitral model? Nicolas Hachez and Jan Wouters; 20. Non-investment obligations in investment treaty arbitration - towards a greater role for states? Vid Prislan; 21. Fragmentation, consolidation and the future relationship between international investment law and general international law Ralph Alexander Lorz.