Integrating Sustainable Development in International Investment Law

Integrating Sustainable Development in International Investment Law PDF

Author: Manjiao Chi

Publisher: Routledge

Published: 2017-10-10

Total Pages: 191

ISBN-13: 1317284224

DOWNLOAD EBOOK →

The current international investment law system is insufficiently compatible with sustainable development. To better address sustainable development concerns associated with transnational investment activities, international investment agreements should be made more compatible with sustainable development. Integrating Sustainable Development in International Investment Law presents an important systematic study of the issue of sustainable development in the international investment law system, using conceptual, normative and governance perspectives to explore the challenges and possible solutions for making international investment law more compatible with sustainable development. Chi suggests that to effectively address the sustainable development concerns associated with transnational investment activities, the international investment agreements system should be reformed. Such reform should feature redesigning the provisions of the agreements, improving the structure of international investment agreements, strengthening the function of soft law, engaging non-state actors and enhancing the dispute settlement mechanism. The book is primarily aimed at national and international treaty and policy-makers, lawyers and scholars. It is also suitable for graduate students studying international law and policy-making.

Integrating Sustainable Development Into International Investment Agreements

Integrating Sustainable Development Into International Investment Agreements PDF

Author: John Anthony VanDuzer

Publisher: Commonwealth Secretariat

Published: 2013

Total Pages: 605

ISBN-13: 1849290865

DOWNLOAD EBOOK →

This Guide is designed to assist developing countries to negotiate International Investment Agreements (IIAs) that are more effective in promoting their sustainable development. A useful reference tool for developing country negotiators and interested parties.

Sustainable Development in World Investment Law

Sustainable Development in World Investment Law PDF

Author: Marie-Claire Cordonier Segger

Publisher: Kluwer Law International B.V.

Published: 2011-01-01

Total Pages: 978

ISBN-13: 9041131663

DOWNLOAD EBOOK →

Sustainable development, as defined by the World Commission on Environment and Development, is "development that meets the needs of the present without compromising the ability of future generations to meet their own needs." More specifically, sustainable development is a process of change that seeks to improve the collective quality of life by focusing on economically, socially, and environmentally sound projects that are viable in the long-term. Sustainable development requires structural economic change and the foundation of that change is investment. In developing nations with low levels of domestic savings, investment predictably comes from abroad in the form of foreign direct investment. A large and ever expanding number of international investment agreements are in place to govern these transactions. While these accords seek to foster development while mitigating the risk involved in these types investments, many questions remain unresolved. This highly insightful book reflects the contributions of a variety of world renowned experts each of which is designed to provide the reader with valuable perspective on recent developments in investment law negotiations and jurisprudence from a sustainable development law perspective. It offers answers to pertinent questions concerning advancements in investment law, including the negotiation of numerous regional and bilateral agreements as well as the increasing number of disputes resolved in the World Bank's International Centre for the Settlement of Investment Disputes (ICSID), from different developed and developing country perspectives. It lays out future directions for new treaty negotiations and dispute settlement proceedings, as well as ongoing investment promotion efforts, against a background of rapidly evolving international relationships between economic, environment and development law. It focuses on key issues in investment laws which have emerged as priorities in the negotiation of bilateral and regional investment agreements, and have been clarified through recent decisions of the ICSID and other arbitral panel awards.

Stabilization Clauses in International Investment Law

Stabilization Clauses in International Investment Law PDF

Author: Jola Gjuzi

Publisher: Springer

Published: 2018-12-05

Total Pages: 545

ISBN-13: 3319972324

DOWNLOAD EBOOK →

This book analyzes the tension between the host state’s commitment to provide regulatory stability for foreign investors – which is a tool for attracting FDI and generating economic growth – and its evolving non-economic commitments towards its citizens with regard to environmental protection and social welfare. The main thesis is that the ‘stabilization clause/regulatory power antinomy,’ as it appears in many cases, contradicts the content and rationale of sustainable development, a concept that is increasingly prevalent in national and international law and which aims at the integration and balancing of economic, environmental, and social development. To reconcile this antinomy at the decision-making and dispute settlement levels, the book employs a ‘constructive sustainable development approach,’ which is based on the integration and reconciliation imperatives of the concept of sustainable development as well as on the application of principles of law such as non-discrimination, public purpose, due process, proportionality, and more generally, good governance and rule of law. It subsequently re-conceptualizes stabilization clauses in terms of their design (ex-ante) and interpretation (ex-post), yielding stability to the benefit of foreign investors, while also mitigating their negative effects on the host state’s power to regulate.

Investment and Sustainable Development

Investment and Sustainable Development PDF

Author: Aaron Joseph Cosbey

Publisher: International Institute for sustainable development

Published: 2004

Total Pages: 38

ISBN-13: 9781895536881

DOWNLOAD EBOOK →

"This book looks at the role played by international investment agreements (IIAs) ... in fostering sustainable development."--Executive summary.

Sustainable Development in EU Foreign Investment Law

Sustainable Development in EU Foreign Investment Law PDF

Author: Stefanie Schacherer

Publisher: BRILL

Published: 2021-08-24

Total Pages: 473

ISBN-13: 900446588X

DOWNLOAD EBOOK →

Sustainable Development in EU Foreign Investment Law offers a clear and convincing assessment of how the EU contributes to the ongoing debate on sustainable development integration in international investment agreements.