Download or read book The Role of International Investment Agreements in Fostering Sustainable Development written by Wolfgang Alschner and published by . This book was released on 2013 with total page 11 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper provides a brief overview of recent UNCTAD research on the nexus between international investment treaties and sustainable development. After sketching the historic evolution and current trends in IIA treaty practice, it explores the linkages between IIAs and three areas of public policy-making that have been at the centre of UNCTAD's research and policy analysis with respect to IIAs and sustainable development. These include 1) combating climate change; 2) integrating investment and industrial policy; and 3) promoting responsible corporate behaviour. The paper concludes on the need for more inter-State cooperation to address the various challenges facing the IIA regime today and to enhance its sustainability dimension. In this context, UNCTAD's recently released Investment Policy Framework for Sustainable Development (IPFSD) can provide helpful guidance for the formulation of a new generation of more sustainable investment policy-making.

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 Investment and Sustainable Development written by Aaron Joseph Cosbey and published by International Institute for sustainable development. This book was released on 2004 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book looks at the role played by international investment agreements (IIAs) ... in fostering sustainable development."--Executive summary.

Download or read book Integrating Sustainable Development Into International Investment Agreements written by John Anthony VanDuzer and published by Commonwealth Secretariat. This book was released on 2013 with total page 605 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Guide is designed to assist developing countries to negotiate International Investment Agreements (IIAs) that are more effective in promoting their sustainable development. A useful reference tool for developing country negotiators and interested parties.

Download or read book Mainstreaming Sustainable Development Into International Investment Agreements written by Vid Prislan and published by . This book was released on 2014 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt: The chapter explores the different forms in which references to international labor standards appear in International Investment Agreements (IIAs), and provides an analytical framework to evaluate their intended purpose and potential effects. After discussing the role of international labor standards, as well as the role of foreign direct investment in fostering sustainable development, the chapter presents a detailed analysis of the different types of labor provisions that are presently found in IIAs. It then evaluates the evolution in treaty language in relation to labor provisions and the prospects of such language for mainstreaming sustainable development into IIAs.

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 Investment Law within International Law written by Freya Baetens and published by Cambridge University Press. This book was released on 2013-08-01 with total page 569 pages. Available in PDF, EPUB and Kindle. Book excerpt: Developments within various sub-fields of international law influence international investment law, but changes in investment law also have an impact on the evolution of other fields within international law. Through contributions from leading scholars and practitioners, this book analyses specific links between investment law and other sub-fields of international law such as the law on armed conflict, human rights, sustainable development, trade, development and EU law. In particular, this book scrutinises how concepts, principles and rules developed in the context of such sub-fields could inform the content of investment law. Solutions aimed at resolving problems in other settings may provide instructive examples for addressing current problems in the field of investment law, and vice versa. The underlying question is whether key sub-fields of public international law, notably international investment law, are open to cross-fertilisation, or, whether they are evolving further into self-contained regimes.

Download or read book Integrating Sustainable Development in International Investment Law written by Manjiao Chi and published by Routledge. This book was released on 2017-10-10 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: The current international investment law system is insufficiently compatible with sustainable development. To better address sustainable development concerns associated with transnational investment activities, international investment agreements should be made more compatible with sustainable development. Integrating Sustainable Development in International Investment Law presents an important systematic study of the issue of sustainable development in the international investment law system, using conceptual, normative and governance perspectives to explore the challenges and possible solutions for making international investment law more compatible with sustainable development. Chi suggests that to effectively address the sustainable development concerns associated with transnational investment activities, the international investment agreements system should be reformed. Such reform should feature redesigning the provisions of the agreements, improving the structure of international investment agreements, strengthening the function of soft law, engaging non-state actors and enhancing the dispute settlement mechanism. The book is primarily aimed at national and international treaty and policy-makers, lawyers and scholars. It is also suitable for graduate students studying international law and policy-making.

Download or read book Drafting and Interpreting International Investment Agreements from a Sustainable Development Perspective written by Claudia Salgado Levy and published by . This book was released on 2015 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: The proliferation of International Investment Agreements (IIAs) and treaty-based investment arbitration has raised concerns over the extent to which IIAs are actually fair and are able to balance the interests of foreign investors and States. The strong protections afforded by IIAs to investors may restrict the host State's ability to regulate for the public interest and potentially allow newly adopted public policies to be subject to compensation. Several economic transactions that have qualified as investments for treaty protection have fallen short of contributing to the host State's sustainable development. They have not added to the generation of employment and growth, the transfer of new technologies and knowledge or the strengthening of infrastructure. Nor have many of these economic transactions contributed to the home country's development. Moreover, regulatory measures adopted with the aim of fostering sustainable development (ie environmental measures) have been successfully challenged by investors. In some cases tribunals have interpreted these measures as creeping or indirect expropriations, therefore requiring compensation. Both the lack of consideration for the host State's interests under international investment law and the limitation to the State's policy space have been perceived as having negative implications for the development of the country, and in particular for the adoption of sustainable policies. Though little empirical evidence exists, it has been suggested that investment arbitration is a threat to the adoption of public policy regulations and may even have a 'chilling effect' on them.A possible way forward is the negotiation of a new generation of investment treaties, as well as the renegotiation and revision of the existing ones. These changes are needed in order to balance the interests of States and investors and to incorporate innovative features in light of the necessary policy space that States require in order to foster sustainable development through the application of dynamic social and environmental norms and regulations. Another alternative is the adoption of interpretative approaches, which ultimately foster sustainable development goals. The preferred options are the contextual and dynamic interpretation of the intention of the contracting States, as well as the systemic integration of international rules and norms into investor-State disputes.

Download or read book International Investment Law and Sustainable Development written by Ursula Kriebaum and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment law deals with the protection of foreign investments and aims to promote development and to protect foreign investments at the same time. It is widely acknowledged that foreign investment is necessary to achieve sustainable development. State parties concluding investment protection treaties always aim to foster economic development. Only more recently, concerns for sustainable development have led to the inclusion of language into investment protection treaties that aims to integrate goals of investment protection and sustainable development. International investment protection and sustainable development share the common goal to have a rule of law based international system that provides a solid legal basis for investments that have as their ultimate goal (sustainable) development. Out of the many aspects that are relevant in the context of investment law and sustainable development this contribution presents the more recent investment treaty practice that contains explicit links and references to sustainable development or certain aspects thereof like protection of the environment, labor standards or human rights related provisions and provisions against corruption. Furthermore, this contribution illustrates methods tribunals have developed in their decisions to consider sustainable development-related aspects through the interpretation of existing treaties that lack explicit references to sustainable development. Finally, the contribution deals with the case law on renewable energy disputes and national regulatory policies. It does so to illustrate how tribunals developed criteria in the assessment of the expropriation provision and the fair and equitable treatment standard that allow States to benefit from their required regulatory space and provide at the same time for the necessary regulatory stability to foster investment necessary to achieve sustainable development goals.

Download or read book International Investment Agreements and Sustainable Development electronic Resource Achieving the Millennium Development Goals written by Cosbey, Aaron and published by . This book was released on 2005 with total page 39 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 Aligning International Investment Agreements with the Sustainable Development Goals written by Lise Johnson and published by . This book was released on 2020 with total page 63 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment agreements (“IIAs”) provide enforceable protections to foreign investors in order to stimulate investment flows and therefore sustainable development. However, as understandings of both the effectiveness of these agreements as well as the effects of investment and investment governance on sustainable development have evolved, it is not clear that IIAs as currently designed are fit for that purpose. This paper examines the alignment of IIAs with the 2030 Sustainable Development Agenda. This paper develops this examination in three ways. First, it proposes that IIAs should be designed and evaluated with respect to their ability to promote investments that advance sustainable development goals, and to withhold benefits from investments that undermine these goals. Second, it considers the effects of IIAs on policy-making processes and regulatory space, and cautions that current provisions in IIAs protect the interests of investors over those of other stakeholders and constrain states' abilities to regulate investments to conform with the public interest. Finally, it suggests that international agreements could and should do more to address transnational governance gaps, regulatory races to the bottom, and global commons problems, where international commitments related to the governance of investment could advance development outcomes. While the authors affirm the importance of foreign direct investment and international investment governance to achieve the 2030 Agenda for Sustainable Development, they argue that existing IIAs must be meaningfully reformed and future treaties reimagined in order to align with the sustainable development goals.

Download or read book The WTO and International Investment Law written by Jürgen Kurtz and published by Cambridge University Press. This book was released on 2016-01-25 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jürgen Kurtz provides a theoretically grounded and doctrinally tractable framework to understand the relationship between international trade and investment law.

Download or read book Stabilization Clauses in International Investment Law written by Jola Gjuzi and published by Springer. This book was released on 2018-12-05 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the tension between the host state’s commitment to provide regulatory stability for foreign investors – which is a tool for attracting FDI and generating economic growth – and its evolving non-economic commitments towards its citizens with regard to environmental protection and social welfare. The main thesis is that the ‘stabilization clause/regulatory power antinomy,’ as it appears in many cases, contradicts the content and rationale of sustainable development, a concept that is increasingly prevalent in national and international law and which aims at the integration and balancing of economic, environmental, and social development. To reconcile this antinomy at the decision-making and dispute settlement levels, the book employs a ‘constructive sustainable development approach,’ which is based on the integration and reconciliation imperatives of the concept of sustainable development as well as on the application of principles of law such as non-discrimination, public purpose, due process, proportionality, and more generally, good governance and rule of law. It subsequently re-conceptualizes stabilization clauses in terms of their design (ex-ante) and interpretation (ex-post), yielding stability to the benefit of foreign investors, while also mitigating their negative effects on the host state’s power to regulate.

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 Shifting Paradigms in International Investment Law written by Steffen Hindelang and published by Oxford University Press. This book was released on 2016-01-22 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment law is in transition. Whereas the prevailing mindset has always been the protection of the economic interests of individual investors, new developments in international investment law have brought about a paradigm shift. There is now more than ever before an interest in a more inclusive, transparent, and public regime. Shifting Paradigms in International Investment Law addresses these changes against the background of the UNCTAD framework to reform investment treaties. The book analyses how the investment treaty regime has changed and how it ought to be changing to reconcile private property interests and the state's duty to regulate in the public interest. In doing so, the volume tracks attempts in international investment law to recalibrate itself towards a more balanced, less isolated, and increasingly diversified regime. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers.