Download or read book Human Rights Natural Resource and Investment Law in a Globalised World written by Lorenzo Cotula and published by Routledge. This book was released on 2012-03-12 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the world’s developing countries, foreign investment in natural resources brings into contact competing interests that are often characterised by unequal balances of negotiating power – from multinational corporations and host governments, through to the local people affected by the influx of foreign investment. The growing integration of the world economy has been accompanied by rapid and extensive developments in the national and international norms that regulate investment and its impact – including investment law, natural resource law and human rights law. These legal developments affect the ‘shadow’ that the law casts over the multiple negotiations that characterise international investment projects in the developing world. Drawing on international law, the national law of selected jurisdictions and the contracts concluded in a large investment project, Human Rights, Natural Resource and Investment Law in a Globalised World explores the ways in which the law protects the varied property rights that are at play in foreign investment projects in developing countries, with a focus on Africa. Through an integrated analysis of seemingly disparate fields of law, this book sheds new light on how the law mediates the competing interests that come into contact as a result of economic globalisation, whilst also providing new insights on the changing nature of state sovereignty and on the relationship between law and power in a globalised world. This book will be of interest to scholars, students and informed practitioners working in the fields of international investment and human rights law, comparative law, socio-legal studies, and development studies.

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 Natural Resources and Sustainable Development written by Celine Tan and published by Edward Elgar Publishing. This book was released on 2017-08-25 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the law, regulation and governance of natural resources, this timely work addresses the conflicts and contradictions arising at the intersection between international economic law, sustainable development and other areas of international law, most notably human rights law and environmental law. Bringing together a collection of legal and policy expertise from a range of academic and practitioner perspectives, this book will appeal to scholars of law, political science, international relations, political economy and development studies.

Download or read book Globalisation and Natural Resources Law written by Elena Blanco and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'This book is a very welcome addition to publications on globalisation and natural resources management. It adopts a very broad approach to this important subject – it includes the general issues, such as trade and investment. It deals with very complex questions of permanent sovereignty over natural resources; the right to development; the role of indigenous peoples in resource management. This publication also provides the reader with general underlying principles and approaches to natural resources management, such as sustainable use; the precautionary principle; the principle of common but differentiated responsibilities and the ecosystem approach, regulatory approach etc. The book is very analytical and gives a lot of food for thought for readers.' – Malgosia Fitzmaurice, Queen Mary, University of London, UK 'The book is the first of its kind to deal in depth with complex, cross-cutting issues relating to globalization and natural resources. The authors demonstrate not only a broad range of knowledge but also provides deep insights into what will be needed to make the transition from economic globalization to sustainable globalization, including improved resource efficiency and sustainable development, and inclusive and participatory governance. In particular, the authors consider specific approaches in such sectors as water resources, renewable energy, and biological resources. The book has carefully documented and analyzed numerous international, regional, and national legal frameworks as well as relevant theories and principles. It is a must for every law library as well as for policy makers, administrators, academics, non-governmental bodies, and civil societies. We owe a great debt to the authors for their painstaking, comprehensive research.' – Koh Kheng-Lian, National University of Singapore 'Globalization as a means of aptly capturing political, social, cultural, and above all else economic phenomena has been well-documented and the subject of a multitude of comment. What has perhaps been less well studied is its relationship with natural resource management. Thus this work by Merino-Blanco and Razzaque is to be commended. Moreover, by focusing on globalization, an important truth is revealed. It is neither about the diminution of the role of the State nor the ascendancy of the multinational corporation, but rather a more nuanced and complex interaction, which we are only beginning to appreciate. This book is an important contribution to that debate.' – Duncan French, University of Sheffield, UK 'While sustainable development requires State regulation of the exploitation of natural resources, globalisation, as originally conceived, pushed for "free and unfettered" markets creating a fundamental tension between the two approaches. This book attempts to find a way towards their reconciliation with inspiring results. The book explores many themes, especially how globalisation may contribute to the solution of the problems it has caused by helping to empower non-state actors around the world so that the international decision-making processes become more inclusive, transparent and oriented towards sustainable development.' – Ximena Fuentes, Universidad Alonso Ibanez, Chile and ILA Co-Rapporteur on the Commission on Sustainable Development This book examines the complex relationships between trade, human rights and the environment within natural resources law. It discusses key theories and challenges whilst exploring the concepts and approaches available to manage crucial natural resources in both developed and developing countries. Primarily aimed at undergraduates and postgraduates, it includes exercises, questions and discussion topics for courses on globalisation and /or natural resources law as well as an ample bibliography for those interested in further research. The book will therefore serve as an invaluable reference tool for academics, researchers and activists alike.

Download or read book Natural Resources Grabbing An International Law Perspective written by Francesca Romanin Jacur and published by BRILL. This book was released on 2015-10-14 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: The growing demand for natural resources has triggered a “race” to their exploitation and possession, especially in developing countries. Most desired are water, land, forests, raw materials (oil, gas, mineral and precious stones), fisheries and genetic resources. Emerging economies, Western states, multinational corporations and international financial institutions have become the biggest “buyers” in a race that on one hand strengthens economies and creates investment opportunities and on the other threatens local communities and environmental protection. Natural Resources Grabbing: An International Law Perspective aims at filling a gap in the legal literature by addressing the adverse effects that large-scale investments in natural resources may pose to fundamental human rights and the protection of the environment.

Download or read book Natural Resources and Human Rights written by Jérémie Gilbert and published by . This book was released on 2018 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the role human rights can play in the regulation of natural resource management, this book shines light on the duties of states and private actors when exploiting natural resources and the procedural rights of affected citizens.

Download or read book The Human Right to Development in a Globalized World written by Daniel Aguirre and published by Routledge. This book was released on 2021-12-16 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering a comprehensive analysis of the human right to development and its realistic application in an era of economic globalization, Daniel Aguirre provides a multidisciplinary overview of economic globalization and examines its challenges to the realization of human development. He takes this further by engaging with these challenges and highlighting the human rights opportunities presented by economic globalization and the international investment system. The volume proposes a triadic system of responsibility for human rights in development, to include mapping the overlapping human rights responsibilities of corporations at the micro-level, of states at the macro-level and of the international community at the meso-level. The scope of the book is broad and the approach to the subject is new. It will generate interest across many disciplines including political science, international law and economics. Activists, academics and development practitioners in many fields should also read this book.

Download or read book International Law and Sustainable Development written by Nico J. Schrijver and published by BRILL. This book was released on 2004-08-10 with total page 749 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'This masterly written collection, from many experts, focuses on the efforts of policy makers, as well as regional and national interest groups, to invoke International Law as the tool for realizing the objectives of sustainable development. The authors provide a rich vein of recent State and organizational practices that can be profitably mined by both academics and practitioners exploring contemporary perspectives.' ASIL Newsletter UN21 Interest Group, June 2005.

Download or read book Permanent Sovereignty over Natural Resources written by Marc Bungenberg and published by Springer. This book was released on 2015-04-15 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fifty years after the adoption of the Declaration on Permanent Sovereignty over Natural Resources by the General Assembly of the United Nations in December 1962, this volume assesses the evolution of the principle of permanent sovereignty over natural resources into a principle of customary international law as well as related developments. International environmental and human rights law leave unresolved questions regarding the limitations of this principle, e.g. extraterritorial and international influences such as the applicable criminal and tort law, as well as the extraterritorial and international promotion of good governance, including transparency obligations.

Download or read book Natural Resource Investment and Africa s Development written by Francis N. Botchway and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'This book makes a significant contribution to the literature on natural resource law and governance by engaging specifically with the issues arising in the African region. It covers a wide spectrum of issues that are key to the sustainable use of natural resources in the region, thus making it an important resource for anyone interested in natural resource governance and economic development in the African region.' – Philippe Cullet, University of London, UK This well-researched book covers a wide spectrum of important issues that are central to investment in natural resources and ultimately, economic development of Africa. Francis Botchway and the expert contributors analyse the relationships between good governance and resource management, as well as the existing commercial and financial agreements. The environmental implication of resource exploitation and the international dimensions of the industry are also explored in this insightful study. Each comprehensive and concise contribution highlights the importance of transparency and equity in investment and management of natural resources. Natural Resource Investment and Africa's Development is essential material for scholars and students of development, environmental law, international economic law and dispute resolution, as well as any international investor in natural resources.

Download or read book Research Handbook on Human Rights and Investment written by Yannick Radi and published by Edward Elgar Publishing. This book was released on 2018-12-28 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: The interplay between human rights and investments is a key and complex issue in today’s world. To take stock of this importance and to tackle this complexity, this Research Handbook offers a unique multi-faceted approach. It gathers in-depth contributions which focus on the interplay between human rights and investments in various international legal regimes, economic sectors and regions. It also provides thorough analyses of the various types of accountability that may result from the activities of multinational corporations in relation to human rights. This Research Handbook is intended for practitioners, policy-makers, academics and students eager to understand the interaction between human rights and investments in all its dimensions.​

Download or read book Foreign Investment and Dispute Resolution Law and Practice in Asia written by Vivienne Bath and published by Routledge. This book was released on 2012-03-12 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers foreign investment flows in major Asian economies. It critically assesses the patterns and issues involved in the substantive law and policy environment which impact on investment flows, as well as the related dispute resolution law and practice. The book combines insights from international law and comparative study and is attentive to the socio-economic contexts and competing theories of the role of law in Asia. Contributions come from both academics with considerable practical expertise and legal practitioners with strong academic backgrounds. The chapters analyze the law and practice of investment treaties and FDI regimes in Asia looking specifically at developments in Japan, India, China, Indonesia, Malaysia, Korea and Vietnam. The book explores the impact of the Asian Financial Crisis in the late 1990s and the Global Financial Crisis a decade later, examining actual trends and policy debates relating to FDI and capital flows in Asia before and after those upheavals. Foreign Investment and Dispute Resolution: Law and Practice in Asia is a valuable resource for practitioners, academics and students of International and Comparative Law, Business and Finance Law, Business, Finance and Asian Studies.

Download or read book Property Rights and Natural Resources written by Richard Barnes and published by Bloomsbury Publishing. This book was released on 2009-04-22 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the SLS Peter Birks Prize for Outstanding Legal Scholarship 2009. The use of private property rights to regulate natural resources is a controversial topic because it touches upon two critical issues: the allocation of wealth in society and the conservation and management of limited resources. This book explores the extension of private property rights and market mechanisms to natural resources in international areas from a legal perspective. It uses marine fisheries to illustrate the issues that can arise in the design of regulatory regimes for natural resources. If property rights are used to regulate natural resources then it is essential that we understand how the law and values embedded within legal systems shape the development and operation of property rights in practice. The author constructs a version of property that articulates both the private and public function of property. This restores some much needed balance to property discourse. He also assesses the impact of international law on the use of property rights-a much neglected topic-and shows how different legal and socio-political values that inhere in different legal regimes fundamentally shape the construction of property rights. Despite the many claimed benefits to be had from the use of private property rights-based management systems, the author warns against an uncritical acceptance of this approach and, in particular, questions whether private property rights are the most suitable and effective arrangement of regulating of natural resources. He suggests that much more complex forms of holding, such as stewardship, may be required to meet physical, legal and moral imperatives associated with natural resources.

Download or read book Property and the Law in Energy and Natural Resources written by Aileen McHarg and published by . This book was released on 2010 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of energy and natural resources has always had a strong focus on property as one of its components, but there are relatively few comparative, book-length, treatments of both property law and energy and natural resources law. The aim of this edited collection is to explore the multiple dimensions of the contemporary relationship between property and energy and natural resources law. Its genesis was the growing resurgence of global interest in questions of property in energy and resources and how it manifests itself across legal regimes around the world. With an international and comparative character, the collection seeks to capture differences in the meaning of property, and the different views about the role it should play in a diverse range of contexts: civil law and common law; the law of indigenous communities; public law and private law; and national and international law. Key issues discussed include private rights and common property situations, privatization and regulation, competition for land use and resources, the role of property rights in environmental protection, and the balance between national sovereignty and the security of foreign investment. The collection thus has relevance for a wide readership interested in the legal dimensions of property as an increasingly important aspect of the law for energy and resources across diverse countries, and at the international level. The contributors are established experts in the energy and natural resources law field, and the collection builds upon a body of previous collaborative work in this area.

Download or read book International Investment Law and Development written by Stephan W. Schill and published by Edward Elgar Publishing. This book was released on 2015-12-18 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment law has often been seen as an obstacle to sustainable development. While the connections between investment and development are plain, for a long time there has been relatively little scholarship exploring them. Combining critical reflection and detailed analysis, this book addresses the relationship between contemporary investment law and development. The book is organized around two competing visions of investment and development - as working either harmoniously or in conflict with one another. The expert contributors reflect on both of these views and analyse the social dimensions of development and its impact on investment law. Coverage includes in-depth discussion on such issues as human rights, poverty reduction, labor standards, and indigenous peoples. Students and scholars of international investment law will benefit from the informed analysis of the links between investment and development. This book will also be of use to practitioners and experts of development law who are looking for an up-to-date perspective of the field.

Download or read book Principles of International Investment Law written by Rudolf Dolzer and published by Oxford University Press. This book was released on 2022-01-13 with total page 582 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book outlines the principles behind the international law of foreign investment. The main focus is on the law governed by bilateral and multilateral investment treaties. It traces the purpose, context, and evolution of the clauses and provisions characteristic of contemporary investment treaties, and analyses the case law, interpreting the issues raised by standard clauses. Particular consideration is given to broad treaty-rules whose understanding in practice has mainly been shaped by their interpretation and application by international tribunals. In addition, the book introduces the dispute settlement mechanisms for enforcing investment law, outlining the operation of Investor-State arbitration. Combining a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals, this book offers an ideal introduction to the principles of international investment law and arbitration, for students, scholars, and practitioners alike.

Download or read book At the Margins of Globalization written by Sergio Puig and published by Cambridge University Press. This book was released on 2021-05-13 with total page 167 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how Indigenous Peoples are impacted by globalization and the cult of the individual that often accompanies the phenomenon.