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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 issues for both the investor and host state. 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. The book provides valuable insights into the substantive issues and institutional aspects of international investment law.
Public institutions, companies and governments in the EU and around the world are increasingly engaging in sustainable public procurement ¿ a broad concept that must consider the three pillars of economic equality,
This book looks at the major factors that have steered Asian countries in international investment rule-making and dispute settlement, new models of international investment law, and other issues from Asian perspectives, and forecasts the future of Asian contribution to the science and practice of international investment law.
This book offers a comprehensive examination of preferential trade agreements and considers the features of specific regional and bilateral trade agreements without drawing upon systematic features and trends. It shows the latest state of knowledge on the topic and will be of value to those interested in international trade and economic law.
This book analyses whether, and how, equity and equitable principles can be employed as juridical tools in the legal reasoning of judges and lawyers in World Trade Organization (WTO) disputes where there is interaction between norms derived from the multilateral trade regime and other international legal regimes. Bringing the literature on equity and equitable principles in international law up to date this book tackles several legal problems which have emerged in WTO dispute settlement practice as well as engaging with the concept of the fragmentation of international law. The book provides an original argument about the role and significance of equity and equitable principles in the debate over fragmentation by providing a coherent methodology for addressing conflicts and overlaps between WTO and non-WTO norms in the context of Dispute Settlement Body proceedings.
This book analyses whether, and how, equity and equitable principles can be employed as juridical tools in the legal reasoning of judges and lawyers in World Trade Organization (WTO) disputes where there is interaction between norms derived from the multilateral trade regime and other international legal regimes. Bringing the literature on equity and equitable principles in international law up to date this book tackles several legal problems which have emerged in WTO dispute settlement practice as well as engaging with the concept of the fragmentation of international law. The book provides an original argument about the role and significance of equity and equitable principles in the debate over fragmentation by providing a coherent methodology for addressing conflicts and overlaps between WTO and non-WTO norms in the context of Dispute Settlement Body proceedings.
This book explores the status and interaction of technology and international economic law. The book reviews the place of science and technology in the development of international economic law with a view to seeking a balance between promoting trade and investment liberalization and ensuring decisions are based on a sound scientific process and without hampering technological development. The book addresses the question of how the trade and investment regimes utilise science and technology, and whether it does so fairly and in the interest of global justice.
This book takes stock of developments in international investment law and analyzes potential solutions to some of the criticisms of investment law from the perspective of international public policy, in negotiations, substantive obligations and dispute resolution. The book is prepared by a group of scholars and practitioners from Canada and Europe and takes a multidisciplinary approach to the subject, with analysis from the legal, political and economic perspectives.
The relationship between FDI in developing countries and the progress of these countries towards human development has been a subject of controversy for decades in the development community. Adopting an interdisciplinary perspective combining insights from international investment law, human rights law and economics, this book offers an original contribution to the debate. Through the use of original empirical data the book demonstrates the impact of bilateral and multilateral investment treaties on the flows of FDI, and the impacts of FDI on economic growth and on human development. It explores how improvements to the legal framework of FDI and to the way investment agreements are negotiated can maximize the contribution of FDI to human development.
The relationship between FDI in developing countries and the progress of these countries towards human development has been a subject of controversy for decades in the development community. Adopting an interdisciplinary perspective combining insights from international investment law, human rights law and economics, this book offers an original contribution to the debate. Through the use of original empirical data the book demonstrates the impact of bilateral and multilateral investment treaties on the flows of FDI, and the impacts of FDI on economic growth and on human development. It explores how improvements to the legal framework of FDI and to the way investment agreements are negotiated can maximize the contribution of FDI to human development.
Globalization and international economic governance offer unprecedented opportunities for cultural exchange. 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. Has an international economic culture 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, and asks whether States can promote economic development without infringing their cultural wealth. The book contains original chapters by experts in the field. Key issues include how international courts and tribunals are adjudicating culture-related cases; the interplay between indigenous peoples'' rights and economic globalization; and the relationships between culture, human rights, and economic activities. The book will be of great interest and use to researchers and students of international trade law, cultural heritage law, and public international law. 
This book considers foreign investment flows in major Asian economies. It critically assesses the patterns and issues involved in the substantive law and policy environment which impact on investment flows, as well as the related dispute resolution law and practice. The book combines insights from international law and comparative study and is attentive to the socio-economic contexts and competing theories of the role of law in Asia. The chapters analyze the law and practice of investment treaties and FDI regimes in Asia looking specifically at developments in Japan, India, China, Indonesia, Malaysia, Korea and Vietnam. The book explores the impact of the Asian Financial Crisis in the late 1990s and the Global Financial Crisis a decade later, examining actual trends and policy debates relating to FDI and capital flows in Asia before and after those upheavals.
International Challenges in Investment Arbitration serves not only as a collection of recently debated issues in investment law. It also deals with the underlying fundamental questions at the intersection of investment arbitration and international law.
This book sets out the case for an innovative solution to extreme poverty in developing countries through the use of microtrade. Microtrade is international trade on a small scale allowing residents to export local products to affluent foreign markets without the need for large levels of capital and capacities for mass production. The book explores the theory, application, and legal framework for microtrade, showing how it could if effectively administered on a global scale do much to help economic development.
This edited volume explores the question of the lawfulness under international law of economic activities in occupied territories from the perspectives of international law, EU law, and business and human rights.
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