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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Financial law
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International Investment Law and the Environment (Hardcover)
Loot Price: R3,392
Discovery Miles 33 920
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International Investment Law and the Environment (Hardcover)
Series: Elgar International Investment Law series
Expected to ship within 12 - 19 working days
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This book expands upon research into the protection of foreign
investments, which is currently an intensively studied area of
international law. At the same time, it also examines environmental
protection, as well as general areas of debate in international
law, including fragmentation, self-contained regimes, the role of
interpretation and of principles, and theories of indeterminacy. In
this detailed and concise monograph, Saverio Di Benedetto examines
the problematic impact of environmental issues on international
investment law from the perspective of arbitral dispute settlement
and treaty-making. Current debates concerning 'self-contained'
regimes and international law form the background to this
investigation. By extrapolating insights from the vast and
heterogeneous amount of available practice, the book provides an
order to the two spheres of values, from internal and fragmentary
approaches to systemic forms of integration. Finally, it outlines a
possible method for reconciling investor rights and environmental
concerns, which is centred around the model of exceptions and
highlights the role of legal principles. This book is essential
reading for academics of international investment law and related
matters, with useful research material for both practitioners and
policy-makers. Moreover, the innovative approach of this book makes
it appropriate for adoption in specialized undergraduate and
postgraduate courses in international economic law. Contents:
Preface Part I: Foreign Investments versus the Environment 1.
Introduction: The Social and Legal Context 2. International
Investment Law and Environmental Protection 3. Theoretical
Approaches to International Investment Law 4. Applicable Law and
Methods of Interpretation Part II: Integrating Environmental
Protection into International Investment Law 5. Internal Arguments:
From Ordinary Meanings to Derogatory Logic 6. Systemic Approaches
7. Exceptional Models 8. Environmental Exceptions, Indeterminacy
and Legal Principles Bibliography Index
General
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