Books > Law > International law > Public international law > International human rights law
|
Buy Now
International Investment Law and the Right to Regulate - A human rights perspective (Hardcover)
Loot Price: R4,600
Discovery Miles 46 000
|
|
International Investment Law and the Right to Regulate - A human rights perspective (Hardcover)
Series: Routledge Research in International Economic Law
Expected to ship within 12 - 17 working days
|
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.
General
Is the information for this product incomplete, wrong or inappropriate?
Let us know about it.
Does this product have an incorrect or missing image?
Send us a new image.
Is this product missing categories?
Add more categories.
Review This Product
No reviews yet - be the first to create one!
|
You might also like..
|
Email address subscribed successfully.
A activation email has been sent to you.
Please click the link in that email to activate your subscription.