International Investment Law and Development: Bridging the Gap

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International Investment Law and Development: Bridging the Gap

Edited by Stephan Schill · Christian J. Tams · Rainer Hofmann
Edward Elgar Publishing December 2015

Specifications

ISBN-13
9781784711344
Publisher
Edward Elgar Publishing
Publication
December 2015
Format
Hardback
Jurisdiction
International ? Countri(es) for reference only

Details

Foreign investment is meant to contribute to the host country’s development, and yet international investment law has often been seen as an obstacle to (sustainable) development.

So are investment and development friends or foes? Combining critical reflection and detailed analysis, this timely volume explores the relationship between the two concepts and explores options of harnessing investment for development

Table of Contents

I INTRODUCTION AND KEYNOTE
1. International Investment Law and Development: Friends or Foes?
Stephan W. Schill, Christian J. Tams and Rainer Hofmann
2. Developing Countries in the Investment Treaty System: A Law for Need or a Law for Greed?
M. Sornarajah

II CONCEPTUAL LINKAGES BETWEEN INTERNATIONAL INVESTMENT LAW AND DEVELOPMENT
3. International Investment Law and Development: A History of Two Concepts
Yannick Radi
4. Overcoming Obstacles with Opportunities: Trade and Investment Agreements for Sustainable Development
Markus W Gehring and Marie-Claire Cordonier Segger
5. UNCTAD’s Effort to Foster the Relationship between International Investment Law and Sustainable Development
Andrea Saldarriaga and Kendra Magraw
6. Reviving the Emperor’s Old Clothes: The Good Governance Agenda, Development and International Investment Law
Celine Tan
7. Aspiring for a Constructive TWAIL Approach Towards the International Investment Regime
Antonius R Hippolyte

III DEVELOPMENT AND SELF-DETERMINATION
8. Sovereignty over Natural Resources and International Investment Law: The Elusive Search for Equilibrium
Melaku Geboye Desta
9. International (Investment) Law and Distribution Conflicts over Natural Resources
Isabel Feichtner
10. Democracy, Development and Compensation under Investment Treaties: The Case of Transition from Authoritarian Rule
Jonathan Bonnitcha
11. Investment Treaties and Democratic Transition: Does Investment Law Authorize Not to Honor Contracts Concluded with Undemocratic Regimes?
Walid Ben Hamida

IV DEVELOPMENT AND SOCIAL INCLUSION
12. The International Mandate for Development: Building Compliant Investment within the State’s Development Decision-Making Processes
Diane A. Desierto
13. The Law of Investment Protection and Poverty Reduction
Krista Nadakavukaren Schefer
14. Mainstreaming Sustainable Development into International Investment Agreements: What Role for Labor Provisions?
Vid Prislan and Ruben Zandvliet
15. Investment, Development and Indigenous Peoples
Christina Binder

Index

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