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Foreign Investment, International Law and Common Concerns

Foreign Investment, International Law and Common Concerns

Author: Tullio Treves; Francesco Seatzu; Seline Trevisanut
Publisher: Routledge
ISBN: 9781138935198

Published In: August 2015
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9780415816052

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Increasingly, trans-national corporations, developed countries and private actors are broadening the boundaries of their investments into new territories, in search of a higher return on capital. However, various exponents of international civil society and NGOs, as well as a growing number of academic researchers, persuasively claim that such growth of financial capitals in the form of foreign investments constitutes a potential and serious hazard both to the environment and the fundamental rights and freedoms of local populations. The relationship between foreign investments, currently the largest source of foreign private capital reaching developing countries, and common concerns, global threats that affect one single state, a specific group and/or the whole international community appears particularly problematic.

This book explores, from an international law perspective, the various facets of the relationship between foreign investments and common concerns. 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. The volume asks questions of international investment law including: how much "regulatory space" does investment law leave? Are there common features at the institutional and interpretative level regarding the relationship between human rights, the protection of environment and investment law? Is international investment law an effective means of balancing contrasting interests? Does investment arbitration currently constitute a mechanism of global governance? This book provides valuable insights to the relationships between international investment law and common concerns looking at both substantive issues and institutional aspects.

1. Foreign Investments and Common Concerns: An Introduction, Tullio Treves

Part 1: Institutional Frameworks

2. The International Development Banks' Action Plans to Address Common Concerns While Supporting Foreign Investments: Reconciling the Irreconcilable?, Francesco Seatzu

3. Sovereign Debt Restructuring and Investment Protection, Annamaria Viterbo

4. Non Trade Values Protection and Investment Protection in EU Investment Policy, Anna De Luca

5. Greening the European Investment Bank: An Environmental Policy for Non EU Lending, Sara De Maria

6. "Side Agreements" for the Protection of Common Concerns : Which Lesson from NAFTA Successes and Failures?, Seline Trevisanut

7. Are Multilateral Environmental Agreements promoting private investments in sustainable development?, Francesca Romanin Jacur

Part 2: Common Concerns: Selected Aspects

8. Is There Room for Environmental Concerns Within International Investment Agreements?, Michele Potesta

9. Environmental Expropriation in Investment Law, Paolo Vargiu

10. Two Perspectives on the Right to Property and Environmental Protection: The Case Law of the European and Inter-American Courts of Human Rights, Cesare Pitea

11. International Investment Law and the Protection of Cultural Rights, Giulia Bigi

12. International Investment Law and the International Protection of Workers' Rights, Stefano Brugnatelli

13. International Investment Arbitrations in the Water Services Sector, Attila Tanzi

14. Corporate Social Responsibility as a Tool or an Obstacle for Foreign Investment?, Angelica Bonfanti

Part 3: General International Law Issues

15. Agreements in Legal Context: Systemic Interpretation of Investment Treaties, Luigi Crema

16. Necessity Exceptions, the Argentine Crisis and Legitimacy Concerns. Or the Benefits of a General International Law Approach to Investment Arbitration, Christina Binder

17. The Jurisprudence of Investment Treaty Tribunals: Between Public Good and Common Concern, Stephan Schill

18. The Role of Amicus Curiae in Investment Disputes: Striking a Balance Between Confidentiality and Broader Policy Considerations, Chiara Ragni

19. Regulatory Measures and the Law Applicable to Investment Disputes, Paolo Bertoli and Zeno Crespi Reghizzi