Download or read book Environmental Regulation and Its Impact on Foreign Investment written by Dennis Campbell and published by Springer. This book was released on 1992-09-02 with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt: The pace of environmental regulation in recent years may have been at the expense of its coordination and consistency. In many states, it can appear an amorphous and confusing, perhaps even spiteful, puzzle for business, the public, the legal profession, and possibly even those authorities charged with administering it. The information provided in this book provides a starting point for foreign investors in their investigation of the environmental regulations and the related social priorities which will have an increasing impact on their investment decisions and strategies. Often, in such matters, the first vital step is to be able to put the right questions. To facilitate that exercise, lawyers from Austria, Australie, Belgium, Canada, Denmark, England, Finland, France, Germany, Greece, Ireland, Italy, Norway, Portugal, Spain, Sweden, Switzerland, The Netherlands, and the United States have combined to provide this excellent analytical overview of the regulatory schemes and major environmental issues in their respective jurisdiction. A separate chapter is included on the rules of the EC.

Download or read book Are Foreign Investors Attracted to Weak Environmental Regulations written by Judith Myrle Dean and published by World Bank Publications. This book was released on 2005 with total page 49 pages. Available in PDF, EPUB and Kindle. Book excerpt: Results from 2,886 manufacturing joint venture projects from 1993--96 show that EJVs from all source countries go into provinces with high concentrations of foreign investment, relatively abundant stocks of skilled workers, concentrations of potential local suppliers, special incentives, and less state ownership. Environmental stringency does affect location choice, but not as expected. Low environmental levies are a significant attraction only for joint ventures in highly-polluting industries with partners from Hong Kong, Macao, and Taiwan (China). In contrast, joint ventures with partners from OECD sources are not attracted by low environmental levies, regardless of the pollution intensity of the industry. The authors discuss the likely role of technological differences in explaining these results"--Abstract.

Download or read book Foreign Firms Investment and Environmental Regulation in the People s Republic of China written by Phillip Stalley and published by Stanford University Press. This book was released on 2010-09-01 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new book takes as its focus a simple yet critical question: Does foreign direct investment lead to weakened environmental regulation, thereby turning developing countries into "pollution havens"? The debate over this question has never before been the focus of a book about China. Phillip Stalley examines the development of Chinese law governing the environmental impact of foreign investors, describes how regional competition for investment has influenced environmental regulation, and analyzes the environmental practices of foreign and Chinese companies. He finds only modest evidence that integration with the global economy has transformed China into a pollution haven. Indeed, after China opened its domestic market, the entry of foreign films largely strengthened the environmental protection regime, including the oversight of foreign firms' environmental practices. Nevertheless, foreign firms (and the competition to lure them) have posed new challenges to controlling industrial pollution. Stalley identifies the conditions under which foreign investment contributes to and undermines environmental protection, offering readers a solid understanding of China's environmental challenges. He also builds on existing theory and provides hypotheses that can be tested with other developing nations.

Download or read book Environmental Interests in Investment Arbitration written by Flavia Marisi and published by Kluwer Law International B.V.. This book was released on 2020-01-24 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Environmental Interests in Investment Arbitration Challenges and Directions Flavia Marisi Economic growth, social inclusion, and environmental protection stand at the core of sustainable development, which aims to deliver long-term growth for current and future generations. Foreign Direct Investment (FDI) can play a key role in sustainable development. Host states’ benefits descending from FDI inflows include tax revenues, technology transfer, specialised training of local human resources, network with satellite activities, better availability of quality products and customer-centric services. These downstream effects jointly stimulate economic growth and social inclusion. This thoroughly researched book explores the relationship between environmental protection – the third component of sustainable development – and FDI. In practice, the intersection between environmental protection and foreign investment not only has generated remarkable success stories such as cross-sectoral green investment but has also in some instances led to severe cases of environmental degradation. Certain foreign investments resulted in open-pit mines leaking harmful substances into the soil, excessive deforestation, improper treatment of water, pollution of groundwater and contamination of mud pits following oil exploitation, leaving the host state with significant environmental damage. Some other cases have witnessed the host state withdrawing or infringing its own environmental policies, which could, in principle, lead to a decrease in the value of the foreign investment as a result of natural resources deterioration. In recent years, an increasing number of investment arbitration cases have seen a clash between the states’ commitments towards their citizens, which include the duty to protect the environment, their health and well-being, and the commitment towards foreign investors to protect their investments. In this book, the author focuses on investor-state cases in which environmental protection measures have been contested and discusses substantive mechanisms in treaty drafting, rules of Customary International Law, and interpretation doctrines, which are aimed at taking environmental concerns into consideration. The topics covered include the following: statistical analysis of investor-state cases where environmental protection measures have been contested; the role of environmental principles in investor-state arbitration; treaty mechanisms addressing environmental concerns; legal tools available under Customary International Law to address environmental interests; the application of the doctrines of proportionality, police powers, and margin of appreciation; and environmental counterclaims as an instrument to claim compensation for environmental damage. The author provides a detailed framework on the normative architecture, offers an extensive analysis of the relevant case law, and proposes concrete solutions to the identified clashes, aimed at refining the balance between environmental and investment protection. With its in-depth analysis and careful documentation, this book aptly captures the inherent fragmentation of international law and undoubtedly represents an invaluable resource for both international law practitioners and scholars. The solution-oriented approach adopted in the book will be welcomed by legal counsel, law firms, investment treaty negotiators, and decision makers at the different stages of investment lawmaking and practice, as well as by international institutions and academics.

Download or read book Harnessing Foreign Investment to Promote Environmental Protection written by Pierre-Marie Dupuy and published by Cambridge University Press. This book was released on 2013-03-14 with total page 499 pages. Available in PDF, EPUB and Kindle. Book excerpt: Harnessing Foreign Investment to Promote Environmental Protection investigates the main challenges facing the implementation of environmental protection and the synergies between foreign investment and environmental protection. Adopting legal, economic and political perspectives, the contributing authors analyse the various incentives which encourage foreign investment into pro-environment projects (such as funds, project-finance, market mechanisms, payments-for-ecosystem services and insurance) and the safeguards against its potentially harmful effects (investment regulation, CSR and accountability mechanisms, contracts and codes of conduct).

Download or read book Foreign Investment and the Environment in International Law written by Jorge E. Viñuales and published by Cambridge University Press. This book was released on 2012-09-13 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conflicts between foreign investment law and environmental law are becoming increasingly frequent. On the one hand, the rise of environmental regulation poses significant challenges to foreign investors in several industries. On the other, the surge in investment arbitration proceedings is making States aware of the important litigation risks that may result from the adoption of environmental regulation. This study of the relationship between these two areas of law adopts both a policy and a practical perspective. It identifies the major challenges facing States, foreign investors and their legal advisers as a result of the potential friction between investment law and environmental law and provides a detailed analysis of all the major legal issues on the basis of a comprehensive study of the jurisprudence from investment tribunals, human rights courts and bodies, the ICJ, the WTO, the ITLOS, the CJEU and other adjudication mechanisms.

Download or read book Five Years After Rio written by and published by World Bank Publications. This book was released on 1997-01-01 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Rhetoric to Actio: Policies for Sustainable Development; Selected Case Studies from the Policy Matrix.

Download or read book Greening China written by Ka Zeng and published by University of Michigan Press. This book was released on 2019-02-28 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: “The authors make some very critical interventions in this debate and scholars engaged in the environmental ‘pollution haven’ and ‘race to the bottom’ debates will need to take the arguments made here seriously, re-evaluating their own preferred theories to respond to the insightful theorizing and empirically rigorous testing that Zeng and Eastin present in the book.” —Ronald Mitchell, University of Oregon China has earned a reputation for lax environmental standards that allegedly attract corporations more interested in profit than in moral responsibility and, consequently, further negate incentives to raise environmental standards. Surprisingly, Ka Zeng and Joshua Eastin find that international economic integration with nation-states that have stringent environmental regulations facilitates the diffusion of corporate environmental norms and standards to Chinese provinces. At the same time, concerns about “green” tariffs imposed by importing countries encourage Chinese export-oriented firms to ratchet up their own environmental standards. The authors present systematic quantitative and qualitative analyses and data that not only demonstrate the ways in which external market pressure influences domestic environmental policy but also lend credence to arguments for the ameliorative effect of trade and foreign direct investment on the global environment.

Download or read book Regulation Of Foreign Investment Challenges To International Harmonization written by Zdenek Drabek and published by World Scientific. This book was released on 2013-01-11 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt: The main aim of this book is to assess the importance of international rules for foreign direct investment and the major challenges to international harmonization of those rules. Particular attention is paid to the most controversial and contentious issues with the view of appraising the prospects for establishing global rules. The book is divided into three parts; the first part includes papers assessing the role of national and international legislation with further distinction being made between bilateral, regional and multilateral legal frameworks. The second part addresses regulatory issues of technology transfer, labor, environment, subsidies and investment incentives, national security, public services and sovereign wealth funds. The final part looks at the experience of some international fora in addressing these issues and at some theoretical and conceptual problems of rule harmonization. The papers have been written by legal and economic scholars from leading universities.

Download or read book Pollution Havens and Foreign Direct Investment written by Beata K. Smarzynska Javorcik and published by World Bank Publications. This book was released on 2001 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: The "pollution haven" hypothesis states that multinational firms, particularly those in highly polluting industries, relocate to countries with weak environmental standards. Despite the plausibility and popularity of this hypothesis, Smarzynska and Wei find only weak evidence in its favor.

Download or read book Foreign Direct Investment and the Environment written by OECD and published by OECD Publishing. This book was released on 1999-10-08 with total page 139 pages. Available in PDF, EPUB and Kindle. Book excerpt: This conference proceedings analyses the key issues in the FDI and environment relationship.

Download or read book Foreign Direct Investment and Environmental Regulations written by Ayse Mujde Erdogan and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper presents a survey of the literature on the relationship between foreign direct investment (FDI) and environmental policy. First, I focus on empirical studies that analyse the impact of environmental costs on foreign investment locations. Next, I review the main studies that attempt to explain the lack of evidence for the pollution haven hypothesis. Then, I discuss the literature on the impact of FDI on local environmental regulations by concentrating on two recent political economy models. Finally, I conclude by summarizing the main findings of the literature and suggesting some future research directions.

Download or read book Foreign Investment Human Rights and the Environment written by Shyami Puvimanasinghe and published by BRILL. This book was released on 2007-06-30 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Events like the Bhopal disaster, the sale of products harmful to human health and safety, and child labour, especially in resource-scarce settings, raise fundamental issues of human dignity and ecological integrity. From a legal perspective, and in the context of Foreign Direct Investment by Transnational Corporations in developing countries, they highlight the lacuna of a holistic international legal framework and its implementation. This book embodies a critique of the complex web of public international law principles on economics, human rights and the environment, and their convergence or lack thereof, related regional (South Asian) and domestic (Sri Lankan) legal arrangements, interventions of states and non-state actors towards just, equitable and sustainable development. It is a quest for a middle path in the multidisciplinary landscape of international law, development and North-South power dynamics; globalization of free trade and investment and of social and environmental interests; and salient aspects of the philosophical, socio-economic and legal fabric of South Asia, viewed against the evolving, controversial and elastic sphere of international relations and law where consensus has hitherto been an elusive dream.

Download or read book Moving to Greener Pastures written by Gunnar S. Eskeland and published by . This book was released on 2002 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper presents evidence on whether multinationals are flocking to developing country 'pollution havens'. Although we find some evidence that foreign investors locate in sectors with high levels of air pollution, the evidence is weak at best. We then examine whether foreign firms pollute less than their peers. We find that foreign plants are significantly more energy efficient and use cleaner types of energy. We conclude with an analysis of US outbound investment. Although the pattern of US foreign investment is skewed towards industries with high costs of pollution abatement, the results are not robust across specifications.

Download or read book International Natural Resources Law Investment and Sustainability written by Shawkat Alam and published by Routledge. This book was released on 2017-09-27 with total page 765 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Natural Resources Law, Investment and Sustainability provides a clear and concise insight into the relationship between the institutions that govern foreign investment, sustainable development and the rules and regulations that administer natural resources. In this book, several leading experts explore different perspectives in how investment and natural resources come together to achieve sustainable development in developing countries with examples from water, oil and gas, renewable energy, mineral, agriculture, and carbon trading. Despite varying perspectives, it is clear that several themes are central in considering the linkages between natural resources, investment and sustainability. Specifically, transparency, good governance and citizen empowerment are vital conditions which encourage positive social, economic and environmental outcomes for developing countries. In addition, this book provides new insights into key concepts which underpin international law, including sovereign rights and state responsibility principles. It is clear from this book that in the attempt to reconcile these concepts and principles from separate legal regimes, complex policy questions emerge whereby it is difficult to attain mutually beneficial or succinct outcomes. This book explores how countries prioritise their policy objectives to achieve their notion of sustainable natural resource use, which is strongly influenced by power imbalances that inform North–South cooperation, as well as South–South cooperation in the international investment regime. This book will be of great interest to students, academics and researchers of international environmental law, international human rights law, international investment law and international economic law. This book may also be of relevance to environmentalists, policy-makers, NGOs, and investors working in the natural resources field.

Download or read book Are Foreign Investors Attracted to Weak Environmental Regulations Evaluating the Evidence from China written by Judith M. Dean and published by . This book was released on 2012 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most contentious debates today is whether pollution-intensive industries from rich countries relocate to poor countries with weaker environmental standards, turning them into pollution havens. Empirical studies to date show little evidence to support the pollution haven hypothesis, but suffer potentially from omitted variable bias, specification, and measurement errors. The authors estimate the strength of pollution-haven behavior by examining the location choices of equity joint venture (EJV) projects in China. They derive a location choice model from a theoretical framework that incorporates the firm's production and abatement decision, agglomeration, and factor abundance. The authors estimate conditional logit and nested logit models using new data sets containing information on a sample of EJV projects, effective environmental levies on water pollution, and estimates of Chinese pollution-intensity for 3-digit ISIC (International Standard Industrial Classification) industries. Results from 2,886 manufacturing joint venture projects from 1993-96 show that EJVs from all source countries go into provinces with high concentrations of foreign investment, relatively abundant stocks of skilled workers, concentrations of potential local suppliers, special incentives, and less state ownership. Environmental stringency does affect location choice, but not as expected. Low environmental levies are a significant attraction only for joint ventures in highly-polluting industries with partners from Hong Kong, Macao, and Taiwan (China). In contrast, joint ventures with partners from OECD sources are not attracted by low environmental levies, regardless of the pollution intensity of the industry. The authors discuss the likely role of technological differences in explaining these results.

Download or read book Foreign Investment and the Environment in International Law written by Jorge Viñuales and published by . This book was released on 2012 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Conflicts between foreign investment law and environmental law are becoming increasingly frequent. On the one hand, the rise of environmental regulation poses significant challenges to foreign investors in several industries. On the other, the surge in investment arbitration proceedings is making States aware of the important litigation risks that may result from the adoption of environmental regulation. This study of the relationship between these two areas of law adopts both a policy and a practical perspective. It identifies the major challenges facing States, foreign investors and their legal advisers as a result of the potential friction between investment law and environmental law and provides a detailed analysis of all the major legal issues on the basis of a comprehensive study of the jurisprudence from investment tribunals, human rights courts and bodies, the ICJ, the WTO, the ITLOS, the CJEU and other adjudication mechanisms"--