Investment Law within International Law (eBook, PDF)

Integrationist Perspectives
Redaktion: Baetens, Freya

• Format: PDF

Produktbeschreibung

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.

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Produktdetails

• Verlag: Cambridge University Press
• Erscheinungstermin: 1. August 2013
• Englisch
• ISBN-13: 9781107440081
• Artikelnr.: 39477583

Inhaltsangabe

Foreword Nico Schrijver; Part I. International Investment and Armed
Conflict: 1. The protection of investments in armed conflicts Christoph
Schreuer; 2. The interaction between investment law and the law of armed
conflict in the interpretation of full protection and security clauses
Gleider I. Hernández; 3. International criminal responsibility of
transnational corporate actors doing business in zones of armed conflict
Philipp Ambach; Part II. International Investment and Human Rights: 4.
Investment tribunals and human rights treaties: a sociological perspective
Moshe Hirsch; 5. The interaction of international investment arbitration
and the rights of indigenous peoples Judith Levine; 6. The protection
against expropriations in Venezuela: a right to property in theory? Leonie
Timmers; 7. International human rights and the interpretation of
international investment treaties - constitutional considerations N. Jansen
Calamita; Part III. International Investment and Sustainable Development:
8. International investment agreements and the emerging green economy:
rising up to the challenge Markus W. Gehring and Avidan Kent; 9. The role
of international investment agreements in fostering sustainable development
Wolfgang Alschner and Elisabeth Tuerk; 10. Reservations, corporate social
responsibility, and other mechanisms in support of sustainable development
in Canada's model Foreign Investment Promotion and Protection Agreement
(FIPA) Pierre-Olivier Savoie; 11. Deciding international investment
agreement applicability: the development argument in investment Diane A.
Desierto; Part IV. International Investment, Trade and Developing
Countries: 12. International investment law and trade: the relationship
that never went away Mary E. Footer; 13. Reviewing the administration of
domestic regulation in WTO and investment law: the international minimum
standard as 'one standard to rule them all'? Anastasios Gourgourinis; 14.
Are investment treaty standards flexible enough to meet the needs of
developing countries? Ursula Kriebaum; 15. Relevance of the host state's
development status in investment treaty arbitration Maria Gritsenko; Part
V. International Investment and the European Union: 16. The investment
regime under Article 207 TFEU: a legal conundrum, the scope of 'foreign
direct investment' and the future of intra-EU BITs Friedl Weiss and Silke
Steiner; 17. International investment and the European Union: an uneasy
relationship Thomas Henquet; 18. The new EU competence in foreign direct
investment and intra-EU investment treaties: does the emperor have new
clothes? Rumiana Yotova; Part VI. Outlook: International Investment in the
Twenty-First Century: 19. International investment dispute settlement in
the twenty-first century: does the preservation of the public interest
require an alternative to the arbitral model? Nicolas Hachez and Jan
Wouters; 20. Non-investment obligations in investment treaty arbitration -
towards a greater role for states? Vid Prislan; 21. Fragmentation,
consolidation and the future relationship between international investment
law and general international law Ralph Alexander Lorz.