Banking / Finance

Investment Law within International Law Integrationist Perspective

By Freya Baetens
Cambridge University Press January 2016

Specifications

ISBN-13
9781107595897
Publisher
Cambridge University Press
Publication
January 2016
Format
Paperback , 562 pages
Jurisdiction
International ? Countri(es) for reference only

Also available as

Details

Developments within various sub-fields of international law influence international investment law, but changes in investment law also have an impact on the evolution of other fields within international law. Through contributions from leading scholars and practitioners, this book analyses specific links between investment law and other sub-fields of international law such as the law on armed conflict, human rights, sustainable development, trade, development and EU law. In particular, this book scrutinises how concepts, principles and rules developed in the context of such sub-fields could inform the content of investment law. Solutions aimed at resolving problems in other settings may provide instructive examples for addressing current problems in the field of investment law, and vice versa. The underlying question is whether key sub-fields of public international law, notably international investment law, are open to cross-fertilisation, or, whether they are evolving further into self-contained regimes.

• Readers obtain a better insight into complex issues through the use of concrete case studies

• Leading scholars from diverse backgrounds offer a nuanced and enriched analysis

• Interactions between various legal regimes are scrutinised to provide an understanding of the functioning of international law

Table of Contents

List of contributors
viii
Table of cases
xvii
Preface
xxvii
Foreword
xliii
Part I    International investment and armed conflict
1
1         The protection of investments in armed conflicts
Christoph Schreuer
3
2         The interaction between investment law and the law of armed conflict in the interpretation of full protection and security clauses
Gleider I. Hernández
21
3         International criminal responsibility of transnational corporate actors doing business in zones of armed conflict
Philipp Ambach
51
Part II   International investment and human rights
83
4         Investment tribunals and human rights treaties: a sociological perspective
Moshe Hirsch
85
5         The interaction of international investment arbitration and the rights of indigenous peoples
Judith Levine
106
6         The protection against expropriations in Venezuela: a right to property in theory?
Leonie Timmers
129
7         International human rights and the interpretation of international investment treaties: constitutional considerations
N. Jansen Calamita
164
Part III  International investment and sustainable development
185
8         International investment agreements and the emerging green economy: rising to the challenge
Markus W. Gehring and Avidan Kent
187
9         The role of international investment agreements in fostering sustainable development
Wolfgang Alschner and Elisabeth Tuerk
217
10        Reservations, corporate social responsibility and other mechanisms in support of sustainable development in Canada's Model Foreign Investment Promotion and Protection Agreement
Pierre-Olivier Savoie
232
11        Deciding international investment agreement applicability: the development argument in investment
Diane A. Desierto
240
Part IV   International investment, trade and developing countries
257
12        International investment law and trade: the relationship that never went away
Mary E. Footer
259
13        Reviewing the administration of domestic regulation in WTO and investment law: the international minimum standard as ‘one standard to rule them all’?
Anastasios Gourgourinis
298
14        Are investment treaty standards flexible enough to meet the needs of developing countries?
Ursula Kriebaum
330
15        Relevance of the host state's development status in investment treaty arbitration
Maria Gritsenko
341
Part V    International investment and the European Union
353
16        The investment regime under Article 207 of the TFEU – a legal conundrum: the scope of ‘foreign direct investment’ and the future of intra-EU BITs
Friedl Weiss and Silke Steiner
355
17        International investment and the European Union: an uneasy relationship
Thomas Henquet
375
18        The new EU competence in foreign direct investment and intra-EU investment treaties: does the emperor have new clothes?
Rumiana Yotova
387
Part VI   Outlook: international investment in the twenty-first century
415
19        International investment dispute settlement in the twenty-first century: does the preservation of the public interest require an alternative to the arbitral model?
Nicolas Hachez and Jan Wouters
417
20        Non-investment obligations in investment treaty arbitration: towards a greater role for states?
Vid Prislan
450
21        Fragmentation, consolidation and the future relationship between international investment law and general international law
Ralph Alexander Lorz
482
Index
494

About the Author

Freya Baetens
Universiteit Leiden

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