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Resistance and Change in the International Law on Foreign Investment (Hardcover)
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Resistance and Change in the International Law on Foreign Investment (Hardcover)
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Total price: R4,098
Discovery Miles: 40 980
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Since the 1990s, conflicts within international law on foreign
investment have arisen as a result of several competing interests.
The neoliberal philosophy ensured inflexible investment protection
given by a network of investment treaties interpreted in an
expansive manner, which led to states creating regulatory space
over foreign investment. However, NGOs committed to single causes
such as human rights and the environment protested against
inflexible investment protection. The rise to prominence of
arguments against the fragmentation of international law also
affected the development of investment law as an autonomous regime.
These factors have resulted in some states renouncing the system of
arbitration and other states creating new treaties which undermine
inflexible investment protection. The treaty-based system of
investment protection has therefore become tenuous, and change has
become inevitable. Emphasising the changes resulting from
resistance to a system based on neoliberal foundations, this study
looks at recent developments in the area.
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