Download or read book The Impact of Foreign Direct Investment on the Promotion and Protection of International Human Rights Law written by David Heinen (J.Y.) and published by . This book was released on 2007 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Foreign Investment Human Rights and the Environment written by Shyami Fernando Puvimanasinghe and published by Martinus Nijhoff Publishers. This book was released on 2007 with total page 321 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 Foreign Direct Investment and Human Development written by Olivier de Schutter and published by Routledge. This book was released on 2013 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: The effect on developing countries of the arrival of foreign direct investment (FDI) has been a subject of controversy for decades in the development community. The debate over the relationship between FDI in developing countries and the progress of these countries towards human development is an ongoing and often heated one. Adopting an interdisciplinary perspective combining insights from international investment law, human rights law and economics, this book offers an original contribution to the debate. It explores how improvements ...

Download or read book International Investment Law and the Right to Regulate written by Lone Wandahl Mouyal and published by Routledge. This book was released on 2016-03-10 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book considers the ways in which the international investment law regime intersects with the human rights regime, and the potential for clashes between the two legal orders. Within the human rights regime states may be obligated to regulate, including a duty to adopt regulation aiming at improving social standards and conditions of living for their population. Yet, states are increasingly confronted with the consequences of such regulation in investment disputes, where investors seek to challenge regulatory interferences for example in expropriation claims. Regulatory measures may for instance interfere with the investment by imposing conditions on investors or negatively affecting the value of the investment. As a consequence, investors increasingly seek to challenge regulatory measures in international investment arbitration on the basis of a bilateral investment treaty. This book sets out the nature and the scope of the right to regulate in current international investment law. The book examines bilateral investment treaties and ICSID arbitrations looking at the indicative parameters that are granted weight in practice in expropriation claims delimiting compensable from non-compensable regulation. The book places the potential clash between the right to regulate and international investment law within a theoretical framework which describes the stability-flexibility dilemma currently inherent within international law. Lone Wandahl Mouyal goes on to set out methods which could be employed by both BIT-negotiators and adjudicators of investment disputes, allowing states to exercise their right to regulate while at the same time providing investors with legal certainty. The book serves as a valuable tool, an added perspective, for academics as well as for practitioners dealing with aspects of international investment law.

Download or read book Intellectual Property Rights as Foreign Direct Investments written by Lukas Vanhonnaeker and published by Edward Elgar Publishing. This book was released on 2015-07-31 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the level of convergence between the international investment law framework and the international legal regime regulating intellectual property rights? This discerning book examines the interface between intellectual property and foreign direct

Download or read book Public Participation and Foreign Investment Law written by Eric De Brabandere and published by BRILL. This book was released on 2021-02-01 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public Participation and Foreign Investment Law critically discusses the different forms of public participation that can be found or envisaged in foreign investment law. It provides the first systematic treatment of public participation in foreign investment law in its main forms and from different perspectives.

Download or read book Improving International Investment Agreements written by Armand De Mestral and published by Routledge. This book was released on 2013-02-11 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the reflections of a group of researchers interested in assessing whether the law governing the promotion and protection of foreign investment reflects sound public policy. Whether it is the lack of "checks and balances" on investor rights or more broadly the lack of balance between public rights and private interests, the time is ripe for an in-depth discussions of current challenges facing the international investment law regime. Through a survey of the evolution in IIA treaty-making and an evaluation from different perspectives, the authors take stock of developments in international investment law and analyze potential solutions to some of the criticisms that plague IIAs. The book takes a multidisciplinary approach to the subject, with expert analysis from legal, political and economic scholars. The first part of the book traces the evolution of IIA treaty-making whilst the other three parts are organised around the concepts of efficiency, legitimacy and sustainability. Each contributor analyzes one or more issues related to substance, treaty negotiation, or dispute resolution, with the ultimate aim of improving IIA treaty-making in these respects. Improving International Investment Agreements will be of particular interest to students and academics in the fields of International Investment Law, International Trade Law, Business and Economics.

Download or read book Legal Treatment of Foreign Investment written by Ibrahim F. I. Shihata and published by Martinus Nijhoff Publishers. This book was released on 1993-10-27 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corporation law dates from the 19th century when the growth of business enterprise required a division between the private & the company sphere, making the company a legal person with its own rights, responsibilities & liabilities. The company was no longer the legal equivalent of its owner but became a separate legal entity, providing a form of legal protection for the owners, employees & the customers. The introduction of company law meant a great step forward for those engaged in big business in Europe, the U.S. & elsewhere.

Download or read book International Investment Law and Gender Equality written by Sangwani Patrick Ng’ambi and published by Routledge. This book was released on 2020-03-27 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the impact that stabilization clauses have on the development of human rights and gender laws in resource rich nations. Given the fact that stabilization clauses freeze the law for as long as the contract subsists there has been debate on the negative impact stabilization clauses have on the progressive development of human rights in the host State. Firstly, the book examines the mechanisms investors utilise in protecting themselves from host State prerogatives. It then explores the theoretical basis on which stabilization clauses are applied and upheld by arbitral tribunals, and assesses how they can be drafted in a way that protects human rights, particularly in relation to gender discrimination, without forcing the resource rich nations to lose momentum in attracting foreign direct investment. Using Zambia and the Gender Equity and Equality Act of 2015 as a case study, the book explores the compatibility of the legislation with the stabilization clauses contained in the country’s Development Agreements. The book will be of interest to practitioners, scholars and students of international investment law, human rights law and contract law.

Download or read book Sustainable Development in World Investment Law written by Marie-Claire Cordonier Segger and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 978 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sustainable development, as defined by the World Commission on Environment and Development, is "development that meets the needs of the present without compromising the ability of future generations to meet their own needs." More specifically, sustainable development is a process of change that seeks to improve the collective quality of life by focusing on economically, socially, and environmentally sound projects that are viable in the long-term. Sustainable development requires structural economic change and the foundation of that change is investment. In developing nations with low levels of domestic savings, investment predictably comes from abroad in the form of foreign direct investment. A large and ever expanding number of international investment agreements are in place to govern these transactions. While these accords seek to foster development while mitigating the risk involved in these types investments, many questions remain unresolved. This highly insightful book reflects the contributions of a variety of world renowned experts each of which is designed to provide the reader with valuable perspective on recent developments in investment law negotiations and jurisprudence from a sustainable development law perspective. It offers answers to pertinent questions concerning advancements in investment law, including the negotiation of numerous regional and bilateral agreements as well as the increasing number of disputes resolved in the World Bank's International Centre for the Settlement of Investment Disputes (ICSID), from different developed and developing country perspectives. It lays out future directions for new treaty negotiations and dispute settlement proceedings, as well as ongoing investment promotion efforts, against a background of rapidly evolving international relationships between economic, environment and development law. It focuses on key issues in investment laws which have emerged as priorities in the negotiation of bilateral and regional investment agreements, and have been clarified through recent decisions of the ICSID and other arbitral panel awards.

Download or read book International Investment Law written by Surya P Subedi QC and published by Bloomsbury Publishing. This book was released on 2012-08-01 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an up-to-date, scholarly overview of the law of foreign investment, incorporating a thorough and succinct analysis of the principles and standards of treatment available to foreign investors in international law. It is authoritative and multi-layered, offering an analysis of the key issues and an insightful assessment of recent trends in the case-law, from both developed and developing country perspectives. A major feature of the book is that it deals with the tension between the law of foreign investment and other competing principles of international law. In doing so, it proposes ways of achieving a balance between these principles and the need to protect the legitimate rights and expectations of foreign investors on the one hand, and the need not to unduly restrict the right of host governments to implement their public policy, including the protection of the environment and human rights, and the promotion of social and economic justice within the host country, on the other. Since the first edition was published a number of landmark decisions have been produced by various international investment tribunals, calling for an update in what is a fast growing and rapidly changing investment environment. In addition, scholars and other actors, both non-governmental and inter-governmental, have responded to the agenda set by the first edition of this book; thus the second edition also reflects on the work of some of these major actors in the field. This is perhaps the first book of its type authored by an international lawyer who has taught, researched and advised in both the developed and developing world over the past 25 years. The wealth of experience he brings to the task enables him to develop unique insights into the interplay between the law, economics and politics of foreign investment, making this book essential reading for students, scholars, practitioners and diplomats interested in the contemporary law of foreign investment.

Download or read book Legal Protection of Foreign Direct Investment A Critical Assessment with Focus on South Africa and Zimbabwe written by Talkmore Chidede and published by Anchor Academic Publishing. This book was released on 2016-06-02 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study undertakes a critical assessment of the legal protection of foreign direct investments (FDI) in South Africa and Zimbabwe by determining their compliance with the international minimum standards, norms and/or best practices on the legal protection of FDI by host states. Firstly, the study argues that foreign investment is much needed in South Africa and Zimbabwe to improve economic growth and development, to create jobs, and to increase their competitiveness. However, these benefits are not accrued automatically but rather host states need to create an enabling environment to receive such benefits. Thus, host states need to put an investment scheme into operation to guarantee the legal protection of foreign investments. South Africa and Zimbabwe have at large crafted and implemented investment laws and related policies which tend to be hostile towards foreign investments. Therefore, similar investment laws and related policies in both jurisdictions are analysed. This study will also offer recommendations for a legal investment which is not only flexible, friendly, and favourable to foreign investment in South Africa and Zimbabwe but also advances their local economic policies.

Download or read book Legal Investor Protection in the case of Foreign Direct Investment in land in developing countries conflicts with the human right to food written by Martin Kurray and published by GRIN Verlag. This book was released on 2011-12-19 with total page 45 pages. Available in PDF, EPUB and Kindle. Book excerpt: Studienarbeit aus dem Jahr 2010 im Fachbereich Politik - Thema: Globalisierung, pol. Ökonomie, Note: 1,3, Technische Universität Dresden (Zentrum für Internationale Studien), Veranstaltung: Law and Morality in International Relations, Sprache: Deutsch, Abstract: Das in jüngster Zeit aufgetretene Phänomen von großflächigen Landinvestitionen in Entwicklungsländern (2land grabbing")wie die Investitionen zur Produktion von Nahrungsmittel und Agro-Treibstoffe für internationale Märkte werfen mannigfaltige Fragen aus politischer, ökonomischer und rechtlicher Perspektive aus. Hierbei rückt vor allem die Rolle transnationaler Wirtschaftsakteure in den Vordergrund. Die Arbeit analysiert auf internationaler Ebene wie die Prinzipien des internationalen Investitionsrechts die Handlungsmacht transnationaler Unternehmen erweitert und andererseits Staaten in ihrem Verhalten und ihren Handlungsmöglichkeiten beschränken. Staatlichen Akteuren fällt es zunehmend schwerer das allgemeine Menschenrecht auf angemessene Ernährung zu schützen und zu gewährleisten bzw. kann unter Mithilfe des Staates die Prinzipien des internationalen Investitionsrechts sogar mit menschenrechtlichen Normen kollidieren. Dabei wird Recht vor allem als Mittel und Ausdruck von Macht wahrgenommen. So wird deutlich, wie transnationale Regulierung sich auf Staaten sowie auf die Lebenswelten von ländlichen Gruppierungen auswirkt. Darüber hinausgehende Regulierungsansätze wie ein von der Weltbank ausgearbeiteter freiwilliger Verkaltenskodex (Principles for Responsible Agricultural Investments) sind dabei zumeist unzureichend aufgrund fehlender Sanktionierungsmaßnahmen und gehen implizit von der Notwendigkeit ländlicher Entwicklung durch Unternehmen der Privatwirtschaft aus.

Download or read book FOREIGN INVESTMENT HUMAN RIGHTS AND ENVIRONMENTAL PROTECTION written by SHAWKAT. ALAM and published by . This book was released on 2024 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book International Law and Legal Regimes of Foreign Direct Investment in Selected African Countries written by Nicholas Olwor and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past two decades, there have been significant changes in national and international policies of foreign direct investment (FDI). These changes have been both cause and effect in the ongoing integration of the world economy and the changing role of FDI in it. They have found expression in national laws and practices and in a variety of international instruments which includes bilateral, regional and multilateral. Traditionally, African States have played an active and relevant role in the formulation and development of international investment law. Generally, the contribution of these states is demonstrated through active participation in deliberations of the Non-Aligned Movement, the role of African States in the creation of specialized institutions such as UCTAD and the strategic use of numerical strength to sponsor numerous United Nations Resolutions. During the epitome of Africa's active participation, African States aggressively resisted the internationalization of foreign investment rules. However, the practice of African States appears to have changed through the conclusion of BITs containing far-reaching treaty provisions.While in earlier times indirect foreign investment was far more important than direct one, FDI acquired increasing importance as the twentieth century advanced, and it began gradually to assume the forms prevalent today. In international legal terms, however, FDI long remained a matter mainly of national concern, moving onto the international plane, where rules and principles of customary international law applied, only in exceptional cases, when arbitrary government measures affected it.After the Second World War, attitudes towards FDI and policies and conditions in host countries were shaped by the prevalence of political support for state control over the economy and the beginning of decolonialization. Socialist countries for a longtime excluded FDI from their territories, while developing countries endeavored to regain control of their natural resources from foreign interests. At the same time, controls and restrictions over entry and operations of foreign firms were imposed in many countries, with a view to excluding FDI from certain industries for the benefit of domestic investors or the State, determining the specific terms under which investments were to be made, and ensuring the participation of local nationals in major industries. No international consensus on the pertinent legal norms could be reached at the time.In the 1980s, a series of national and international developments radically reversed the policy trends prevailing then, with an immediate impact both on national policies regarding inward FDI and on regional and worldwide efforts at establishing international rules on the subject. Now at the end of the 1990s, host countries are seeking to attract FDI, by dismantling restrictions on its entry and operations and by offering strict guarantees, both national and international, against measures seriously damaging the investors' interests. The tone and direction of international legal discourse has significantly changed. Debate among policy makers is now centered on the most efficient ways of attracting FDI and deriving benefits from it rather than on questions of jurisdiction.An international legal framework for FDI has begun to emerge. It consists of many kinds of national and international rules and principles, of diverse form and origin, differing in strength and degree of specificity. The entire structure rests on the twin foundations of customary international law and national laws and regulations and relies for its substance on a multitude of international investment agreements (IIAs) and other legal instruments.An extensive network of bilateral investment promotion and protection treaties has come into existence. They are highly standardized, yet they appear to be capable of adapting to special circumstances. Their principal focus has been from the very start on the protection of investments against nationalizations or expropriations and on free transfer of funds, although they also cover a number of other areas. Regional and plurilateral international arrangements, while binding on a limited number of countries in each case, are increasingly important in matters of FDI. They help to change pre-existing structures of law and policy and create important habits and patterns of expectations on a broader transnational level. Economic integration agreements are a significant subcategory of regional instruments, whose importance has grown in recent years. At the multilateral level, there is no comprehensive instrument on the subject, although a number of recent multilateral instruments of less comprehensive scope are directly relevant, dealing with particular aspects of the FDI process.Legal rules of other kinds, of varying normative intensity and general applicability are also relevant. Soft law texts, adopted by States or international organizations on a non-binding basis, are important elements of the framework. Corporate codes of conduct and other texts of private origin help to formulate widely accepted prescriptions. Traditional arbitration not only provides useful procedures for dispute settlement but also, through the corpus of its awards, gradually fills in the normative conceptual framework for FDI issues.In terms of substance, the provisions of IIAs must be perceived in their constant interaction with national policies and measures. They concern two principal types of issues. A first class of provisions is linked to the process of liberalization, which, in its application to FDI, involves the gradual decrease or elimination of measures and restrictions on the entry and operations of firms, especially foreign ones; the application of positive standards of treatment with a view to the elimination of discrimination against foreign enterprises; and implementation of measures and policies seeking to promote the operation of markets. A second category of issues covers provisions that concern the protection of foreign investments already made against government measures damaging to them. As to both types of issues, it is important to consider the provisions and approaches which import into the operation of IIAs the flexibility necessary for enhancing the development of the host countries concerned.The past decades witnessed an increasingly rapid escalation towards globalization in the world economy. In spite of the tremendous growth of FDI flows and the ambitious expansion of MNEs, no single comprehensive set of multilateral rules has been reached governing the issue of FDI. Developing countries have generally resisted the adoption of a multilateral treaty protecting and encouraging FDI, while industrialized nations, on the other hand, have felt a great need for such an agreement, seeking to establish high standards of liberalization for global investment movements. An international legal framework for FDI has begun to emerge in recent times, which is actually in response to the current uncertainty of the customary international law. It includes, inter alia, national statutory regimes, and international rules and principles established at bilateral, regional and multilateral level. The BITs have played an important role in this process, and the rapid proliferation of these treaties signifies their importance as the potential foundation upon which a future multilateral agreement can be built. Two recent developments have further brought the issue to the fore of the international community: first, the embodiment of a set of investment related rules in the multilateral trading system, and second, the initiative of the OECD to promote an MAI. While the TRIMS Agreement was rather conservative in scope, applying merely to investment measures that have distorting effects on trade in goods, the negotiations on MAI appeared to be far more ambitious. However, the fundamental premise upon which the MAI has been built is considerably flawed and one-sided, which has indeed resulted in its abortion. From the perspective of developing countries, the most significant issue at point is precisely how a multilateral framework can be formulated in such a flexible manner that they could remain sufficient margin of autonomy to benefit from the inward FDI, and thereby pursue their own economic development objectives.

Download or read book The Protection of Foreign Investment in Times of Armed Conflict written by Jure Zrilic and published by Oxford University Press. This book was released on 2019-10-17 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foreign investors often sustain injuries during violent situations, such as riots, revolutions, civil wars, and international armed conflicts. There is a great deal of uncertainty about how effective investment treaty protections are in volatile times, how they relate to other applicable legal frameworks, and how they affect the state security policy and the post-conflict transition to peace. This book explores how foreign investment is protected in times of armed conflict under the investment treaty regime. It does so by combining insights from different areas of international law, including international investment law, international humanitarian law, international human rights law, the law of state responsibility, and the law of treaties. While the protections have evolved over time, with the investment treaty regime providing the strongest legal framework for protecting investors yet, there has been an apparent shift in treaty practice towards safeguarding a state's security interests. Jure Zrilic identifies and analyses the flaws in the existent normative framework, but also highlights the potential that investment treaties have for minimising the devastating effects of armed conflict. The book offers an analytical framework for assessing the investment treaty regime in times of armed conflict, distinguishing between different paradigms and different types of conflicts. Crucially, he argues that a new approach is needed to appropriately balance the competing interests of host states and investors when it comes to investment protection in armed conflicts.

Download or read book Global Regulation of Foreign Direct Investment written by Sherif Seid and published by Routledge. This book was released on 2018-02-06 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2002: After the failure of the Multilateral Agreement on Investment (MAI), the world does not have a global investment agreement that would regulate FDI. A global investment agreement dealing with FDI would clearly fill a large gap in the network of regulatory measures governing the world economy. Other attempts had been made prior to the MAI to address this problem, but all have failed so far. The main reason for such failures has always been the lack of compromise in the positions held by the major stakeholders. This book analyses the pros and cons of these opposing positions and uses them as a basis for forging a hybrid model called "Regulated Openness".