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Waste Management and the Green Economy - Law and Policy (Hardcover): Katharina Kummer Peiry, Andreas R. Ziegler, Jorun... Waste Management and the Green Economy - Law and Policy (Hardcover)
Katharina Kummer Peiry, Andreas R. Ziegler, Jorun Baumgartner
R3,401 Discovery Miles 34 010 Ships in 12 - 19 working days

Can waste become a profitable business rather than a costly problem, creating green business opportunities and green jobs while protecting the environment? Might this reduce illegal trade and improper recycling of hazardous wastes by making the legitimate alternatives more attractive? Addressing these questions, this book examines environmentally sound waste management as a driver in the transition to a Green Economy, and discusses how this transition is challenged by technical limitations, weak regulatory environments and lack of financial incentives. This in-depth analysis of the link between waste management and a Green Economy identifies key elements of a solid overarching legal and policy framework that could address these challenges, noting that consistent implementation and enforcement is crucial. It complements its examination of the legal and policy issues with contributions on technical and economic aspects, taking into account the interdisciplinary nature of the problem, and offers a perspective from Asia, where the challenges of waste management as well as the possible opportunities are particularly significant. With interdisciplinary authorship and contributions drawn from academia and practice, this book will be a timely resource for academics and practitioners in the areas of law, policy and economics. It will also provide insights for civil servants engaged in waste policy and related areas, private sector operators engaged in waste management and sustainable development, and non-governmental organizations engaged in environmental protection and poverty reduction efforts. Contributors include: J. Baumgartner, M. Grosz, T. Hardman Reis, K. Kummer Peiry, J. Li, J. North, P. Portas, R. Rayfuse, M. Schluep, X. Sun, J. Voinov Kohler, V. Weick, B. Zhu, A. Ziegler

Treaty Shopping in International Investment Law (Hardcover): Jorun Baumgartner Treaty Shopping in International Investment Law (Hardcover)
Jorun Baumgartner
R4,351 Discovery Miles 43 510 Ships in 12 - 19 working days

Treaty shopping, also known under the terms of nationality planning, corporate (re-)structuring or corporate maneuvering, implies a strategic change of nationality or strategic invocation of another nationality with the aim of accessing another (usually more favourable) investment treaty for purposes of investment arbitration. When deciding on whether an investment claim based on treaty shopping should be upheld or dismissed, investment arbitral tribunals have been increasingly faced with significant questions, such as: What is treaty shopping and how may legitimate nationality planning be distinguished from treaty abuse in international investment law? Should a claimant that is controlled by a host-State national be considered a protected investor, or should tribunals pierce its corporate veil? Does an investor have to make the investment in good faith, and does it have to make a contribution of its own to the investment it is claiming protection for? When does a corporate restructuring constitute an abuse of process, and which is the role of the notion of dispute in this respect? How efficient are denial of benefits clauses to counter treaty shopping? Treaty Shopping in International Investment Law examines in a systematic manner the practice of treaty shopping in international investment law and arbitral decisions that have undertaken to draw this line. While some legal approaches taken by arbitral tribunals have started to consolidate, others remain unsettled, painting a picture of an overall inconsistent jurisprudence. This is hardly surprising, given the thousands of international investment agreements that provide for the investors right to sue the host State on grounds of alleged breaches of investment obligations. This book analyses and discusses the different ways by which arbitral tribunals have dealt with the value judgment at the core of the distinction between objectionable and unobjectionable treaty shopping, and makes proposals de lege ferenda on how States could reform their international investment agreements (in particular with respect to treaty drafting) in order to make them less susceptible to the practice of treaty shopping.

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