Download or read book Reconceptualising the Rule of Law in Global Governance Resources Investment and Trade written by Photini Pazartzis and published by Bloomsbury Publishing. This book was released on 2016-06-30 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relevance and importance of the rule of law to the international legal order cannot be doubted and was recently reaffirmed by the Declaration of the High-level Meeting of the General Assembly on the Rule of Law at the National and International Level's solemn commitment to it on behalf of states and international organizations. In this edited collection, leading scholars and practitioners from the fields of global governance, resources, investment and trade examine how the commitment to the rule of law manifests itself in the respective fields. The book looks at cutting-edge issues within each field and examines the questions arising from the interplay between them. With a clear three-part structure, it explores each area in detail and addresses contemporary challenges while trying to assure a commitment to the rule of law. The contributions also consider how the rule of law has been or should be reconceptualised. Taking a multi-disciplinary approach, the book will appeal to international lawyers from across the spectrum, including practitioners in the field of international investment and trade law.
Download or read book Reconceptualising the Rule of Law in Global Governance Resources Investment and Trade written by International Law Association. Regional Conference and published by Hart Publishing. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The relevance and importance of the rule of law to the international legal order cannot be doubted. Its significance was recently reaffirmed by the Declaration of the High-level Meeting of the General Assembly on the Rule of Law at the National and International Level, which made a solemn commitment to it on behalf of states and international organizations. In this edited collection, leading scholars and practitioners from the fields of global governance, resources, investment and trade, examine how the commitment to the rule of law manifests itself in the respective fields. The book looks at cutting-edge issues within each field and examines the questions arising from the interplay between them. With a clear three-part structure, it explores each area in detail and addresses contemporary challenges while trying to assure a commitment to the rule of law. The contributions also consider how the rule of law has been or should be reconceptualised. Taking a multi-disciplinary approach, the book will appeal to international lawyers from across the spectrum, including practitioners in the field of international investment and trade law."--Bloomsbury Publishing.
Download or read book Blurry Boundaries of Public and Private International Law written by Poomintr Sooksripaisarnkit and published by Springer Nature. This book was released on 2022-02-23 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines interactions and discusses intersectionality between public international law and private international law. With contributions from scholars from USA, Canada, Australia, India and EU, this book brings out truly international perspectives on the topic. The contributions are arranged in four themes—Public international law and private international law: historical and theoretical considerations of the boundary; Harmonisation of private international law by public international law instruments: evaluation of process, problems, and effectiveness; Case studies of intersectionality between public international law and private international law; Future trends in the relationship between public international law and private international law. The ultimate aim of this book is to analyse whether these two legal disciplines become convergent or they are still divergent as usual. With wide coverage spanning across these four themes, the book has takeaways for a wide readership. For scholars and researchers in the fields of public international law and private international law, this book sparks further thoughts and debates in both disciplines and highlight areas for continuing research. For practitioners, this book offers fresh insights and perspectives on contemporaneous issues of significance. This book is also be a great resource for students at both undergraduate and postgraduate levels taking subjects such as public international law or private international law or some related disciplines such as international sale of goods, international trade law or international investment law to advance their knowledge and understanding of the disciplines.
Download or read book International Investment Protection and Constitutional Law written by Stephan W. Schill and published by Edward Elgar Publishing. This book was released on 2022-11-25 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book develops a conceptual framework that captures not only the tensions between constitutional values that are common to liberal democracies – human rights, democracy, and the rule of law – and the investment treaty regime, but also the potential for co-existence and complementarity.
Download or read book The International Rule of Law written by Denise Wohlwend and published by Edward Elgar Publishing. This book was released on 2021-05-28 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful book offers an in-depth examination of whether, and if so how and to what degree, contemporary international law can and should conform to and develop the rule of law principle. Motivated by the neglect of conceptual and normative theorizing of the international rule of law within contemporary international legal scholarship, Denise Wohlwend analyses the moral and legal principle of the rule of law in the international legal order.
Download or read book The Cambridge Handbook of the Sustainable Development Goals and International Law Volume 1 written by Jonas Ebbesson and published by Cambridge University Press. This book was released on 2022-09-08 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2015, the United Nations established seventeen Sustainable Development Goals (SDG) that aimed 'to achieve a better and more sustainable future for all' by 2030. The chapters within this collection address each of these SDGs, considering how they relate to one another and international law, and what institutions could aid their implementation. Development has been a contentious topic since the decolonization period after World War II, and issues surrounding sustainable development are necessarily impacted by the multifaceted relationship between the Global South and Global North. Confronting the context and challenge of sustainable development, this collection outlines how the international economic system problematizes the attainment of the SDGs. Introducing a novel, cosmopolitan approach, this book offers new ways of understanding sustainable development and suggests potential solutions so that we might finally achieve it.
Download or read book Globalisation and the Rule of Law written by Spencer Zifcak and published by Routledge. This book was released on 2004-08-02 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Globalisation and the Rule of Law reassesses the idea of the 'rule of law' within the present complex and increasingly internationalized environment. There have been many books studying the phenomenon of globalization and its economic, social or cultural consequences. This book, however, is the first to relate globalization exclusively to law. It examines the impact of globalization upon the rule of law, a fundamental value within liberal democratic sovereign states. The book opens with three chapters discussing the theory of the rule of law and its necessary reconceptualization in a global environment. Then, in three sections considering global trade, security and human rights, it proposes new ways of thinking about global law and its application in new and existing institutions of global governance. Contributors include top-flight academics, politicians and judges, making this book significant and relevant in both jurisprudential theory and political practice.
Download or read book The Elgar Companion to UNCITRAL written by Rishi Gulati and published by Edward Elgar Publishing. This book was released on 2023-11-03 with total page 605 pages. Available in PDF, EPUB and Kindle. Book excerpt: As one of the most important international organisations in the sphere of international trade law, UNCITRAL aims to help develop and promote uniform private law internationally. This comprehensive Companion delineates the range of issues considered at UNCITRAL, as well as assessing the potential for future work and reforms.
Download or read book The European Union and International Investment Law Reform written by Ivana Damjanovic and published by Cambridge University Press. This book was released on 2023-07-27 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: In order to understand the reform of international investment law envisioned by the EU, the author provides a comprehensive but concise analysis of the EU reform approaches, its constitutional and legal framework, the concepts of the rule of law and legitimacy, and the reasons for the reform. In particular, the book exposes tensions between the EU aspiration to enhance the rule of law in international investment law, as a means of legitimising this legal discipline, and the challenges of its reform approaches in practice. The analysis combines substantive and procedural aspects of the EU reform of international investment law in the intra-EU context and EU external relations. This book thus critically evaluates the EU vision of the rule of law in international law and its contribution to the development of international law in the field of investment.
Download or read book International Economic Law written by Mariela de Amstalden and published by Springer Nature. This book was released on 2024-01-13 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume considers novel emerging issues in international economic law, as well as new methodological approaches to more familiar topics. It brings together a diverse range of contributors from five continents, who share invaluable perspectives on a wide range of issues in international economic governance. In doing so, this volume delves deeply into some of the most challenging emerging areas in international economic law, approaching them from an interdisciplinary perspective that brings together legal, economic, and political analysis. Intended for academics and practitioners at all stages of their careers, many of the areas considered in this volume are either entirely new or are being revisited after periods of dormancy. It is our hope that these contributions will yield fresh insights into these new and “classic” areas of IEL. We consider diversity and inclusivity foundational values in IEL. The wealth of ideas showcased in this volume present us with an opportunity to appreciate different facets of originality and rigour in legal academic writing, further highlighting the range of methodological and stylistic preferences of emerging legal scholars in IEL. In June 2022, forty emerging international economic law scholars were selected to present their papers at PEPA/SIEL, where they received feedback from senior members of the SIEL community and beyond. The discussions were lively, stimulating and enriching, leading the editors of this volume to propose putting a selection of the papers into a published book.
Download or read book Sustainable Development in EU Foreign Investment Law written by Stefanie Schacherer and published by BRILL. This book was released on 2021-08-24 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sustainable Development in EU Foreign Investment Law offers a clear and convincing assessment of how the EU contributes to the ongoing debate on sustainable development integration in international investment agreements.
Download or read book Local Engagement with International Economic Law and Human Rights written by Ljiljana Biukovic and published by Edward Elgar Publishing. This book was released on 2017-05-26 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing an analysis of global regulation and the impact of international organizations on domestic laws, this collection grew out of a central objective to explore methods of domestic engagement with international trade and human rights norms, and the inherent difficulties in establishing balanced links between these two international law regimes. The common thread of the papers in this collection is a focus on the application of socio-legal normative paradigms in building knowledge and policy support for coordinating local performance with international trade and human rights standards in ways that are mutually sustaining.
Download or read book State to state Arbitration based on International Investment Agreements written by Angshuman Hazarika and published by Springer Nature. This book was released on 2020-09-14 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the use of the compromissory clause in international investment agreements (IIAs) for interstate dispute resolution. It puts forward the possibility of using state-to-state arbitration based on the compromissory clause in IIAs as an alternative means of resolving investment disputes in light of the global debate on the shortcomings of investor-state arbitration. The book’s main conclusion is that state-to-state arbitration may be used as an alternative to currently popular investor-state arbitration by resolving procedural hurdles which impede its acceptance. It becomes more important with the removal of investor-state arbitration as an option in certain recent IIAs, which then elevates state-to-state arbitration as the sole option for binding third party dispute resolution in the treaty. Even then, it is unlikely to replace investor-state arbitration completely due to its inherent shortcomings, such as the risk of re-politicising disputes and a lack of direct control over the process for the affected investors. Nevertheless, the availability of an alternative forum will benefit all parties involved, as they will no longer be wholly dependent on investor-state arbitration, which can be affected by events such as denunciation from the ICSID Convention or the refusal of a host state to enforce an arbitration award.
Download or read book General Principles of Law and International Investment Arbitration written by Andrea Gattini and published by BRILL. This book was released on 2018-06-01 with total page 475 pages. Available in PDF, EPUB and Kindle. Book excerpt: In General Principles of Law in Investment Arbitration, the authors address selected general principles of law, assessing their functions in investment arbitration. The resulting picture is that of a lively source that escapes doctrinal straitjackets and maintains its relevance.
Download or read book Environmental Counterclaims in Investment Arbitration written by Andrés Eduardo Alvarado-Garzón and published by Springer Nature. This book was released on 2024-01-08 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically analyses the availability of environmental counterclaims in investment arbitration presented by the respondent host state against the claimant investor. It starts from the premise that the conflicting relation between investment law and environmental protection cannot always be avoided. Yet, the instrument of environmental counterclaims in investment arbitration might alleviate such relation. Throughout its chapters, this book addresses the questions about the societal and practical relevance of seeking redress for environmental damage in investment arbitration, the functioning of such instrument both in contract-based and treaty-based investment arbitration, the suitability of arbitral tribunals to rule upon environmental issues, and the kind of environmental damages that could be redressed. Most importantly, by deconstructing the requirements of jurisdiction, connection between main claim and counterclaim, and cause of action, this book provides the tools for the re-conceptualisation of the instrument of counterclaims with the hope of harnessing its utility to achieve appropriate redress for environmental damages caused by foreign investors.
Download or read book Environmental Law and Economics written by Klaus Mathis and published by Springer. This book was released on 2017-04-07 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt: This anthology discusses important issues surrounding environmental law and economics and provides an in-depth analysis of its use in legislation, regulation and legal adjudication from a neoclassical and behavioural law and economics perspective. Environmental issues raise a vast range of legal questions: to what extent is it justifiable to rely on markets and continued technological innovation, especially as it relates to present exploitation of scarce resources? Or is it necessary for the state to intervene? Regulatory instruments are available to create and maintain a more sustainable society: command and control regulations, restraints, Pigovian taxes, emission certificates, nudging policies, etc. If regulation in a certain legal field is necessary, which policies and methods will most effectively spur sustainable consumption and production in order to protect the environment while mitigating any potential negative impact on economic development? Since the related problems are often caused by scarcity of resources, economic analysis of law can offer remarkable insights for their resolution. Part I underlines the foundations of environmental law and economics. Part II analyses the effectiveness of economic instruments and regulations in environmental law. Part III is dedicated to the problems of climate change. Finally, Part IV focuses on tort and criminal law. The twenty-one chapters in this volume deliver insights into the multifaceted debate surrounding the use of economic instruments in environmental regulation in Europe.
Download or read book Custom and its Interpretation in International Investment Law Volume 2 written by Panos Merkouris and published by Cambridge University Press. This book was released on 2023-11-30 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: At first glance, one may think of international investment law as a response to custom (or lack thereof), instead of a field of its application. However, in fact, the opposite is the case. The interpretation and application of customary rules and principles are the bread and butter of international investment law and arbitration. With a diverse range of expert contributors, this collection traces how customary international law is practised in international investment law. It considers how custom should be interpreted and how its rules and principles should be understood and applied by investor-state arbitral tribunals. Raising and addressing vital questions surrounding custom and international law, this collection is a necessary contribution to the scholarship of the theory and history of customary international law and international investment law. This title is also available as Open Access on Cambridge Core.
