THE INTERNATIONAL LAW ON FOREIGN INVESTMENT

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The International Law On Foreign Investment

Author : M. Sornarajah
ISBN : 0521465281
Genre : Law
File Size : 21.31 MB
Format : PDF
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The author examines different techniques adopted by States for attracting foreign investment and for ensuring that foreign investment serves their economic objectives.
Category: Law

Legal Framework For The Admission Of Fdi

Author : Thomas Pollan
ISBN : 9789077596159
Genre : Law
File Size : 55.59 MB
Format : PDF, ePub, Mobi
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The law on foreign direct investment (FDI) belongs to the fastest changing legal field in international law. Investors and the host state have long left behind a relationship dominated by the host state's desire to screen and choose FDI. In the current market for FDI, both parties try to assert influence, but in the end the scarcity of FDI is the decisive factor. This book provides an in-depth study of the legal framework for the admission of FDI and presents insights into the pros and cons of various admission models. Its goal is to identify legal and policy options that serve the host state's and investor's common needs. The book is a comprehensive, easy reference handbook that is of interest to lawyers, academics and policy makers.
Category: Law

The Foundations Of International Investment Law

Author : Zachary Douglas
ISBN : 9780191508585
Genre : Law
File Size : 63.97 MB
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International investment law is one of the fastest growing areas of international law. It has led to the signing of thousands of agreements, mostly in the form of investment contracts and bilateral investment treaties. Also, in the last two decades, there has been an exponential growth in the number of disputes being resolved by investment arbitration tribunals. Yet the legal principles at the basis of international investment law and arbitration remain in a state of flux. Perhaps the best illustration of this phenomenon is the wide disagreement among investment tribunals on some of the core concepts underpinning the regime, such as investment, property, regulatory powers, scope of jurisdiction, applicable law, or the interactions with other areas of international law. The purpose of this book is to revisit these conceptual foundations in order to shed light on the practice of international investment law. It is an attempt to bridge the growing gap between the theory and the practice of this thriving area of international law. The first part of the book focuses on the 'infrastructure' of the investment regime or, more specifically, on the structural arrangements that have been developed to manage foreign investment transactions and the potential disputes arising from them. The second part of the book identifies the common conceptual bases of an array of seemingly unconnected practical problems in order to clarify the main stakes and offer balanced solutions. The third part addresses the main sources of 'regime stress' as well as the main legal mechanisms available to manage such challenges to the operation of the regime. Overall, the book offers a thorough investigation of the conflicting theoretical positions underlying international investment law, testing their worth by reference to concrete issues that have arisen in the jurisprudence. It demonstrates that many of the most important practical questions arising in practice can be addressed by a carefully dosed resort to theory.
Category: Law

Foreign Investment International Law And Common Concerns

Author : Tullio Treves
ISBN : 9781135071899
Genre : Law
File Size : 52.50 MB
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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 concerns for both the investor and host state. Various exponents of international civil society and non-governmental organisations persuasively claim that such growth in foreign investments constitutes potential and serious hazards both to the environment and the fundamental rights and freedoms of local populations. 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. It pays particular attention to the role of the main international development banks in reconciling the needs of foreign investors with the protection of common concerns, such as the environment, human rights and labour rights. Among its collection of essays, the volume asks how much "regulatory space" investment law leaves; whether international investment law is an effective means of balancing contrasting interests, and whether investment arbitration currently constitutes a mechanism of global governance. In collecting the outlooks of various experts in human rights, environmental and international economic law, this book breaks new ground in exploring how attention to its legal aspects may help in navigating the relationship between foreign investment and common concerns. In doing so, the book provides valuable insights into the substantive issues and institutional aspects of international investment law.
Category: Law

International Investment Law And The Environment

Author : Saverio Di Benedetto
ISBN : 9780857936653
Genre : Law
File Size : 66.40 MB
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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 i
Category: Law

Foreign Investment Human Rights And The Environment

Author : Shyami Fernando Puvimanasinghe
ISBN : 9789004156869
Genre : Law
File Size : 90.78 MB
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Events like the Bhopal disaster, the sale of products harmful to human health and safety, and child labour, especially in resource-scarce settings, raise fundamental issues of human dignity and ecological integrity. From a legal perspective, and in the context of Foreign Direct Investment by Transnational Corporations in developing countries, they highlight the lacuna of a holistic international legal framework and its implementation. This book embodies a critique of the complex web of public international law principles on economics, human rights and the environment, and their convergence or lack thereof, related regional (South Asian) and domestic (Sri Lankan) legal arrangements, interventions of states and non-state actors towards just, equitable and sustainable development. It is a quest for a middle path in the multidisciplinary landscape of international law, development and North-South power dynamics; globalization of free trade and investment and of social and environmental interests; and salient aspects of the philosophical, socio-economic and legal fabric of South Asia, viewed against the evolving, controversial and elastic sphere of international relations and law where consensus has hitherto been an elusive dream.
Category: Law