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Books > Law > International law > Public international law > International economic & trade law > General
Partner countries of free trade agreements (FTA) that the Government Accountability Office (GAO) selected -- the Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR) and the FTAs with Colombia, Oman, and Peru -- have taken steps to implement labour provisions and other initiatives to strengthen labour rights. This book examines steps that selected partner countries have taken, and U.S. assistance they have received, to implement these provisions and other labour initiatives and the reported results of such steps; submissions regarding possible violations of FTA labour provisions that DOL has accepted and any problems related to the submission process; and the extent to which U.S. agencies monitor and enforce implementation of FTA labour provisions and report results to Congress.
The past two decades have seen a significant proliferation of trade and investment treaties around the world. States are increasingly negotiating agreements that regulate both trade and investment, such as the Trans-Pacific Partnership Agreement and the Transatlantic Trade and Investment Partnership. The number of investor-state dispute settlement cases is rapidly accumulating each year, yet states' enthusiasm for investor-state arbitration has become more qualified as concern has intensified that the system can be abused by foreign investors. Good faith is therefore becoming increasingly important as a principle, particularly in the investment context, due to disputes about investor conduct such as corporate restructuring in order to gain the protection of a particular investment treaty regarding an existing or foreseeable dispute, and States' responses to public policy concerns through attempts to modify or terminate investment treaties in the face of ongoing or expected claims. Tribunals adjudicating investment disputes have used the principle of good faith in a haphazard and uncoordinated manner, causing serious problems of uncertainty and inconsistency. In response to these developments, this book contains the first comprehensive and integrated analysis of the treatment of good faith in international investment law, noting the broader implications of good faith in public international law and international trade law.
Increasingly, transnational corporations, developed countries and private actors are broadening the boundaries of their investments into new territories, in search of a higher return on capital. This growth in direct foreign investment involves serious concerns for both the investor and host state. Various exponents of international civil society and non-governmental organisations persuasively claim that such growth in foreign investments constitutes potential and serious hazards both to the environment and the fundamental rights and freedoms of local populations. This book explores from an international law perspective the complex relationship between foreign investments and common concerns, i.e. values that do not coincide, or do not necessarily coincide, with the interests of the investor and of the host state. It pays particular attention to the role of the main international development banks in reconciling the needs of foreign investors with the protection of common concerns, such as the environment, human rights and labour rights. Among its collection of essays, the volume asks how much "regulatory space" investment law leaves; whether international investment law is an effective means of balancing contrasting interests, and whether investment arbitration currently constitutes a mechanism of global governance. In collecting the outlooks of various experts in human rights, environmental and international economic law, this book breaks new ground in exploring how attention to its legal aspects may help in navigating the relationship between foreign investment and common concerns. In doing so, the book provides valuable insights into the substantive issues and institutional aspects of international investment law.
An increasing number of international trade disputes are settled through the WTO dispute settlement (DS) procedure. In parallel, an increasing number of international investment disputes are settled through investor-host state arbitration procedure. What does "transparency" mean in the context of international trade and investment dispute settlement? Why is enhanced transparency demanded? To what extent and in what manner should these dispute settlement procedures be transparent? The book addresses these issues of securing transparency in international trade and investment dispute settlement. Transparency in international trade and investment dispute settlement drew attention of international economic law scholars in the late 1990s, but most literature discusses the transparency in trade DS and investment DS separately. The book deals with the issue in a comprehensive and coherent manner, combining the analyses of the issue in both DS procedures and comparing the pros and cons to enhanced transparency in them. The main argument of the book is, firstly, that transparency in these procedures should be enhanced so that they may be accountable to a wider range of stakeholders, but, secondly, that the extent and the manner of transparency might differ in these two procedures, reflecting their structural and functional differences. The book appeals to both scholars and students interested in international economic law and international relations, as well as lawyers and government officials who deal with international trade and investment regulation.
The institutional shortcomings of the World Trade Organization (WTO) became apparent during the Doha Round of Trade negotiations that began in 2001 and which aimed to improve the success of developing countries' trading by lowering trade barriers and adjusting other trade rules. This "development agenda " meant different things to rich and poor countries. In addition, many of the circumstances that supported success in General Agreement on Tariffs and Trade (GATT) negotiations of 1947 were no longer present after the WTO was founded in 1995. In Reconstructing the World Trade Organization for the 21st Century, Kent Jones examines the difficulties of the WTO in completing multilateral trade negotiations and possible ways to restore its ability to do so. The problem lies in the institutional structure it inherited from the GATT, which was designed for a more limited scope of trade negotiations among a relatively small number of wealthier, industrialized countries. Jones presents an institutional model of the GATT/WTO system, which describes why such an organization exists and how it is supposed to accomplish its goals. Institutional reforms will be necessary to restore the WTO's ability to complete global trade agreements, including a more flexible application of the consensus rule, a common understanding among all members about the limits of domestic policy space that is subject to negotiation, and clearer rules on reciprocity obligations. The popularity of bilateral and regional trade agreements, which have emerged as the alternative to WTO agreements, presents a threat to the WTO's relevance in trade negotiations, but also an opportunity to "multilateralize " new and deeper trade integration in future WTO agreements. Aid for trade may also play an instrumental role in bringing more developing countries into WTO disciplines. Above all, WTO members must develop new ways to find common ground in order to negotiate for mutual gains from trade.
Although a State's treatment of foreign investors has long been regulated by international law, it is only recently that international investment law has emerged as an independent discipline in its own right. In recent decades the practical success of investment arbitration has allowed international investment law to develop both its own cadre of academic and professional specialists and its own legal doctrines. This book analyses the structure of international investment law, as it has developed through the practice of investment arbitration in order to see how a variety of international investment law doctrines should be understood and applied. The book demonstrates how a structural analysis can shed light on several major controversies within investment law and also examines what an "investment" actually is. The book offers an original interpretative approach to the resolution of problems in international investment law, and so is one of the few books within the field to attempt to give investment law a solid theoretical basis. It also focuses on only a select number of problems, rather than attempting to deliver the universal coverage currently popular for investment law books. As a result, those issues that are addressed get a detailed discussion rarely available in competing texts.
Multinational Enterprises and the Law is the only comprehensive, contemporary, and interdisciplinary account of the techniques used to regulate multinational enterprises (MNEs) at the national, regional, and multilateral levels. In addition, it considers the effects of corporate self-regulation, and the impact of civil society and community groups upon the development of the legal order in this area. The book has been thoroughly revised and updated for this third edition, making it a definitive reference work for students, researchers, and practitioners of international economic law, business, corporate and commercial law, development studies, and international politics. Split into four parts, the book first deals with the conceptual basis for MNE regulation. It explains the growth of MNEs, their business and legal forms, and the relationship between them and the effects of a globalized economy and society, now increasingly challenged by recently revived nationalist economic policies, upon the evolution of regulatory agendas in the field. In addition, the limits of national and regional jurisdiction over MNE activities are considered, a question that arises throughout the specialized areas of regulation covered in the remainder of the book. Part II covers the main areas of economic regulation, including controls over, and the liberalization of, entry and establishment, tax, company and competition law and the impact of intellectual property rights on technology diffusion and transfer. A specialized chapter on the regulation of multinational banks in the wake of the global financial crisis is new to this edition. Part III introduces the social dimension of MNE regulation covering labour rights, human rights, and environmental issues. Finally, Part IV deals with the contribution of international investment law to MNE regulation and to the control of investment risks, covering the main provisions found in international investment agreements, their interpretation by international tribunals, the process of investor-state arbitration, and how concerns over these developments are leading to reform proposals.
Culture represents inherited values, ideas, beliefs, and traditions, which characterize social groups and their behaviour. Culture is not a static concept but rather a dynamic force and as such has always benefitted from economic exchange. Nowadays globalization and international economic governance offer unprecedented opportunities for cultural exchange. In parallel, foreign direct investments can promote cultural diversity and provide the funds needed to locate, recover and preserve cultural heritage. Nonetheless, globalization and international economic governance can also jeopardize cultural diversity and determine the erosion of the cultural wealth of nations. The increase in global trade and foreign direct investment (FDI) has determined the creation of legally binding and highly effective regimes that demand states to promote and facilitate trade and FDI. An international economic culture has emerged that emphasizes productivity and economic development at the expense of the common wealth.This book explores the 'clash of cultures' between international law and international cultural law exploring some key questions such as whether states can promote economic development without infringing their cultural wealth? The book is split into four parts, the first part explore the main themes and challenges while part two considers the cultural life of international economic law, part three focuses on intellectual property law and the fourth explores issues in European law. The book contains original chapters by experts in the field including Yvonne Donders, Francesco Francioni, Federico Lenzerini and Ana Vrdoljak. It covers issues including whether grass root resistance developed to cope with the threats to culture posed by economic globalization, how international courts and tribunals are adjudicating culture-related cases, and the relationships between culture, human rights, and economic activities.
Investment protection treaties generally provide for the obligation to treat investments fairly and equitably, even if the wording of the rule and its relationship with the customary international standard may differ. The open-textured nature of the rule, the ambiguous relationship between the vague treaty and equally vague customary rules, and States' interpretations of the content and relationship of both rules (not to mention the frequency of successful invocation by investors) make this issue one of the most controversial aspect of investment protection law. This monograph engages in a comprehensive analysis of the relationship between the international minimum standard and fair and equitable treatment. It provides an original argument about the historical development of the international standard, a normative rationale for reading it into the treaty rules of fair and equitable treatment, and a coherent methodology for establishing the content of this standard. The first part of this book untangles the history of both the international minimum standard and fair and equitable treatment. The second part addresses the normative framework within which the contemporary debate takes place. After an exhaustive review of all relevant sources, it is argued that the most persuasive reading of fair and equitable treatment is that it always makes a reference to customary law. The third part of the book builds on the historical analysis and the normative framework, explaining the content of the contemporary standard by careful comparative human rights analysis.
Increasing and intensified cross-border economic exchange such as trade and investment is an important feature of globalization. In the past, a distinction could be made between capital importing and exporting countries, or host and home countries for foreign direct investment (FDI). Due to globalization, FDI is presently made by and in both developed and developing countries. Differences in political, economic and legal systems and culture are no longer obstacles for FDI, and to varying degrees the economic development of almost all countries is closely linked with the inflow of FDI. This book conducts critical assessments of aspects of current international law on FDI, focusing on cases decided by the tribunals of the International Centre for Settlement of Investment Disputes (ICSID) and other tribunals as well as decisions of annulment ad hoc committees of the ICSID. In examining such cases, Guiguo Wang takes into account the Chinese culture and China s practice in the related areas. The book explores topics including: the development and trend of international investment law; unilateral, bilateral and multilateral mechanisms for encouraging and protecting FDIs; determination of qualified investors and investments and consent as conditions for protection; relative and absolute standards of treatment; determination of expropriation in practice; assessment of compensation for expropriation; difficulties in enforcing investment arbitral awards; and alternatives for improving the existing system. The book will be of great use and interest to scholars, practitioners and students of international investment law and international economic law, Asian law, and Chinese studies."
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.
International investments are governed by three different legal frameworks: 1) national laws of both the host country and the investor's home country; 2) contracts, whether between the investor and the host country or among investors and their associates; and 3) international law, consisting of applicable treaties, customs, and general principles of law. Together, these three frameworks profoundly influence the organization, operation, and protection of foreign investments. Investors, government officials, and their legal counsel must therefore understand the complex interaction among these frameworks and how best to employ them to advance their interests. This book examines the content of each of these three legal frameworks for international investment and explores how they influence the foreign investment process and the nature of investment transactions, projects, and enterprises. The book is divided into five parts. Part I, after explaining the contemporary nature and significance of international investment, examines the theoretical and practical links between law and the investment process. Part II explores the nature of national laws regulating foreign investment. Part III considers of the various contractual frameworks for international investments, looking at their negotiation, content, and stability. Part IV sets out the international legal framework governing foreign investment, focusing on the content and nature of investment treaties and on general principles. Finally, Part V discusses how the three legal frameworks interact with each other. By comprehensively examining each of the applicable legal frameworks, this book provides a vital overview of the laws, rules, and regulations governing foreign investment for lawyers, scholars, students, and government officials.
The Oxford Handbook on the World Trade Organization provides an authoritative and cutting-edge account of the World Trade Organization. Its purpose is to provide a holistic understanding of what the WTO does, how it goes about fulfilling its tasks, its achievements and problems, and how it might contend with some critical challenges. The Handbook benefits from an interdisciplinary approach. The editorial team comprises a transatlantic partnership between a political scientist, a historian, and an economist. The distinguished and international team of contributors to the volume includes leading political scientists, historians, economists, lawyers, and practitioners working in the area of multilateral trade. All the chapters present original and state-of-the-art research material. They critically engage with existing academic and policy debates, and also contribute to the evolution of the field by setting the agenda for current and future WTO studies.The Handbook is aimed at research institutions, university academics, post-graduate students, and final-year undergraduates working in the areas of international organization, trade policy and negotiations, global economic governance, and economic diplomacy. As such, it should find an enthusiastic readership amongst students and scholars in History, Economics, Political Science, International Relations, Public Policy, and Law. Equally important, the book should have direct relevance for diplomats, international bureaucrats, government officials, and other policy-makers and practitioners in the area of trade and economic governance.
Tobacco use represents a critical global health challenge. The World Health Organization estimates that tobacco kills nearly 6 million people a year, with the toll expected to rise to 8 million annually over the next two decades. Written by health and legal experts from institutions around the globe, The Global Tobacco Epidemic and the Law examines the key areas of domestic and international law affecting the regulation of tobacco.The book offers a wide-ranging and in-depth exploration of relevant legal questions, including a focus on the activities of the World Health Organization and the WHO Framework Convention on Tobacco Control, as well as an extensive evaluation of relevant developments in international trade law and international investment law. The authors' expert analysis also sheds light on broader questions relating to the capacity of governments to regulate tobacco products and the tobacco industry, as reflected in detailed case studies of tobacco control in various countries and regions around the world. The answers to these questions are of vital interest to the international community, with states' regulatory sovereignty regarding tobacco increasingly being challenged in local and international courts and tribunals. Combining unique insight with rigorous analysis, this book will facilitate a more sophisticated understanding of the legal issues concerning tobacco control and will be of interest to lawyers, diplomats, policymakers and NGOs, as well being a valuable resource for scholars of law, public policy and health. Contributors: N. Boister, O.A. Cabrera, J. Carballo, R. Cunningham, M. Davison, K. DeLand, L. Gruszczynski, P. Henning, L. Hsu, J. Liberman, G. Lien, T-y. Lin, C-f. Lo, A. Mitchell, L. Shmatenko, D. Singh, J. Strawbridge, T. Tucker, T. Voon, H. Wipfli, C-F. Wu, A. Yadav
The Dispute Settlement Reports are the WTO authorized and paginated reports in English. They are an essential addition to the library of all practising and academic trade lawyers and a valued resource for students worldwide taking courses in international economic or trade law. DSR 2021: Volume 1 reports on United States - Anti-Dumping and Countervailing Duties on Ripe Olives from Spain (WT/DS577).
The international order is constituted by a plurality of international regimes - institutionalized arrangements in different issue areas that possess their own norms and procedures. The present book examines how conflict among regimes may arise and probes the role that international law can play in managing such conflict. Throughout the book, the example of trade in cultural products is used to illustrate the evolution of regime conflict and the potential for its management. Conflicts between the goals of 'free trade' and 'cultural diversity' have notably surfaced within the World Trade Organization (WTO) and the United Nations Educational, Scientific and Cultural Organization (UNESCO). As a result, there is a potential for conflict among WTO law, the UNESCO's Convention on the Protection and Promotion of the Diversity of Cultural Expressions, and human rights. The book posits that three dimensions are characteristic for regime conflict: First, regime conflict is a function of conflict among different social goals or values. Second, such goal conflicts are institutionalized through the interaction of a variety of political actors struggling for influence, often in intergovernmental organizations. Third, regime conflict may manifest itself in conflicts of legal rules. If a state acts in conformity with the rules of one regime, its conduct may trigger a violation of the rules of another regime. The author argues that, while international law cannot be construed as a fully integrated and unified system, it does provide a common language for different regimes to engage with each other. The shared discourse rules of international law enable a degree of coordination of the policies of different regimes, notably through techniques of interpretation and legal priority rules. International law contributes to the management of regime conflict by providing commonly accepted reasons for choosing among competing policy goals.
This book is a review of the development of the WTO dispute resolution procedure and the power and influence it has gained over the practises of the member countries as well as in other international treaties. The book addresses the development of environmental competency in the WTO and examines the arguments of those who oppose WTO rule making with impacts on the environment. The WTO's interactions with multilateral environmental agreements are considered and recent WTO cases including the 2011 US/Mexico tuna dispute and the US sea turtles decision are analysed in detail. In examining how an international organisation which was established with a specific purpose in mind has come to interact in fields beyond its original remit, James Watson demonstrates how the dispute resolution system at the WTO has come to work in a judicialised manner, operating with an informal system of precedent. This has led to the contracting parties placing more reliance on the decisions of the dispute panels and appeal body when considering policy options, with WTO rulings increasingly influencing the behaviour of national legislatures in regard to the environment. The book goes on to make concrete recommendations, based on existing practise in the WTO dispute resolution procedure, which could enhance decision making in environmental cases heard by the WTO. The book argues that this could be achieved with straightforward amendments to the WTO, based on existing practices endorsed under the WTO for other policy considerations. The WTO and the Environment will be of particular interest to academics and students of International and Environmental law.
For some, a protectionist policy underlies most environmental measures. Lawyers working in the area of fundamental freedoms are very accustomed to discussing all issues within a free market framework and therefore often come to market-friendly decisions. Similarly, while environmental law has taken on a renewed intensity at European level, the tendency has been to analyse the subject rather narrowly, and studies fail to address the impact of environmental law on market integration. Written by one of the foremost experts in the area, the book challenges current thought and re-assesses the rules of economic integration within an environmental framework. In so doing, it bridges the gap between environmental and trade law and provides a systematic, robust, and practically workable analytical framework of the conflicts opposing rapidly evolving environmental and climate change measures and internal market as well as competition rules. The book is divided into three parts, beginning with a systematic and in-depth analysis of the key Treaty provisions regarding environmental protection, as well as an overview of secondary environmental law. Part two addresses the compatibility of EU and national environmental protection measures with the provisions of the TFEU on the free movement of goods and services, and the freedom of establishment. Part three examines the compatibility of environmental protection measures with treaty provisions on the freedom of competition and State aids. The book also includes discussion of all major cases handed down by the Court of Justice, highlighting the real impact of the conflicts.
The book provides an introduction to shipping in all its aspects. It is a valuable source of information for students of traditional maritime law as well as for those who seek to understand maritime and shipping services on a global scale. The text includes information and analytical content on national and international practices in shipping, including the age-old dichotomy between freedom in international shipping and the persistent demands of states to control specific maritime areas, as well as the tension between, on the one hand, the desire on the part of sovereign states to regulate and protect their shipping interests and, on the other, the abiding concern and unquestioned right of the international community to regulate the global shipping industry effectively, in order to ensure maritime safety, protection of the environment and fair competition.
Increasing international investment, the proliferation of international investment agreements, domestic legislation and investor-state contracts have contributed to the development of a new field of international law that defines obligations between host states and foreign investors with investor-state dispute settlements. This involves not only vast sums, but also a panoply of rights, duties and shifting objectives at the juncture of national and international law and policy. This engaging Research Handbook provides an authoritative account of these diverse investment law issues. Written by international experts in the field, the contributions provide economic, political and legal perspectives to cover all aspects of international and national investment law. With regional perspectives from Africa, Asia, Australia and New Zealand, Europe, and Latin and North America, this Research Handbook offers an analytical overview of the key areas of current research interest and developments in investment law. Vitally, the expert contributors outline future and upcoming issues, as well as providing a research agenda for the topic. This Research Handbook will be an excellent resource for researchers in academic institutions, governments and non-governmental organisations, as well as for practitioners including government officials, negotiators and practicing lawyers. Contributors: I. Alvik, D. Atanasova, J. Baumgartner, C. Binder, D.N. Dagbanja, S.B. Danzman, E. De Brabandere, A. De Luca, A. Dimopoulos, K.F. Gomez, K. Gulay, A.R. Hippolyte, R.T. Hoffmann, L. Hsu, M. Jacobson, P. Janig, L. Johnson, M. Krajewski, K. Magraw, A. Mitchell, M. Molinuevo, P.M. Protopsaltis, S. Robert-Cuendet, G. Sacerdoti, L. Sandor, S. Schacherer, S.W. Schill, C. Titi, E. Tuerk
World Trade Organisation (WTO) trade remedies (antidumping, anti-subsidy and safeguard agreements) are instruments used by WTO members to counter the economic injury caused by dumping, subsidies and the sudden and unforeseen increased imports. They are exceptions to the WTO principle of free trade and to the prohibition for States to react unilaterally to protect their own rights and interests, and as a result they have been accused by some as being the new tools of protectionism. This book analyses of the role and principles of WTO trade remedies in international law. In particular, it focuses on their aims, their structure, and their position within the WTO and more in general, the international legal system. The book considers trade remedies in light of fragmentation theories of international law and addresses the question how, and to what extent WTO law reflects and influences public international law.
Published in 1997, in this book an attempt has been made to analyze the legal structure of GATT and the WTO as well as those agreements which control trade in textiles. One of the GATT's major failures was its inability to come into line with the new economic reality and the needs of those states who created this system for controlling international trade. Trade in textiles was an excellent example of this. Now, the WTO aims to overcome this problem thanks to its greater pragmatism and its search for solutions to free trade difficulties. The WTO is not, however, the perfect solution. Its highly political character allows room for improvement even though the key to its success still lies with the effective cooperation of member states. As for the textile sector, this new panorama for trade in goods provides it with a new opportunity to finally return to the general legal framework in the year 2005.
International insolvency is a newly-established branch of the study of insolvency that owes much to the phenomenon of cross-border incorporations and the conduct of business in more than one jurisdiction. It is largely the offspring of globalization and involves looking at both law and economic rules. This book is a compendium of essays by eminent academics and practitioners in the field who trace the development of the subject, give an account of the influences of economics, legal history and private international law, and chart its relationship with finance and security issues as well as the importance of business rescue as a phenomenon. Furthermore, the essays examine how international instruments introduced in recent years function as well as how the subject itself is continually being innovated by being confronted by the challenges of other areas of law with which it becomes entangled.
Increasingly, transnational corporations, developed countries and private actors are broadening the boundaries of their investments into new territories, in search of a higher return on capital. This growth in direct foreign investment involves serious concerns for both the investor and host state. Various exponents of international civil society and non-governmental organisations persuasively claim that such growth in foreign investments constitutes potential and serious hazards both to the environment and the fundamental rights and freedoms of local populations. This book explores from an international law perspective the complex relationship between foreign investments and common concerns, i.e. values that do not coincide, or do not necessarily coincide, with the interests of the investor and of the host state. It pays particular attention to the role of the main international development banks in reconciling the needs of foreign investors with the protection of common concerns, such as the environment, human rights and labour rights. Among its collection of essays, the volume asks how much "regulatory space" investment law leaves; whether international investment law is an effective means of balancing contrasting interests, and whether investment arbitration currently constitutes a mechanism of global governance. In collecting the outlooks of various experts in human rights, environmental and international economic law, this book breaks new ground in exploring how attention to its legal aspects may help in navigating the relationship between foreign investment and common concerns. In doing so, the book provides valuable insights into the substantive issues and institutional aspects of international investment law.
Although a State s treatment of foreign investors has long been regulated by international law, it is only recently that international investment law has emerged as an independent discipline in its own right. In recent decades the practical success of investment arbitration has allowed international investment law to develop both its own cadre of academic and professional specialists and its own legal doctrines. This book analyses the structure of international investment law, as it has developed through the practice of investment arbitration in order to see how a variety of international investment law doctrines should be understood and applied. The book demonstrates how a structural analysis can shed light on several major controversies within investment law and also examines what an "investment" actually is. The book offers an original interpretative approach to the resolution of problems in international investment law, and so is one of the few books within the field to attempt to give investment law a solid theoretical basis. It also focuses on only a select number of problems, rather than attempting to deliver the universal coverage currently popular for investment law books. As a result, those issues that are addressed get a detailed discussion rarely available in competing texts. |
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