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Investment Law within International Law Integrationist Perspectives
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Investment Law within International Law Integrationist Perspectives

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Published Aug 2013 (Cambridge)
ISBN: 9781107038882. Hard Cover.
Description

EDITOR: Freya Baetens 

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 

Foreword Nico Schrijver 

Part I. International Investment and Armed Conflict: 

1. The protection of investments in armed conflicts Christoph Schreuer 

2. The interaction between investment law and the law of armed conflict in the interpretation of full protection and security clauses Gleider I. Hernández 

3. International criminal responsibility of transnational corporate actors doing business in zones of armed conflict Philipp Ambach 

Part II. International Investment and Human Rights:

4. Investment tribunals and human rights treaties: a sociological perspective Moshe Hirsch 

5. The interaction of international investment arbitration and the rights of indigenous peoples Judith Levine 

6. The protection against expropriations in Venezuela: a right to property in theory? Leonie Timmers 

7. International human rights and the interpretation of international investment treaties – constitutional considerations N. Jansen Calamita 

Part III. International Investment and Sustainable Development: 

8. International investment agreements and the emerging green economy: rising up to the challenge Markus W. Gehring and Avidan Kent 

9. The role of international investment agreements in fostering sustainable development Wolfgang Alschner and Elisabeth Tuerk 

10. Reservations, corporate social responsibility, and other mechanisms in support of sustainable development in Canada's model Foreign Investment Promotion and Protection Agreement (FIPA) Pierre-Olivier Savoie 

11. Deciding international investment agreement applicability: the development argument in investment Diane A. Desierto 

Part IV. International Investment, Trade and Developing Countries: 

12. International investment law and trade: the relationship that never went away Mary E. Footer 

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 

14. Are investment treaty standards flexible enough to meet the needs of developing countries? Ursula Kriebaum 

15. Relevance of the host state's development status in investment treaty arbitration Maria Gritsenko 

Part V. International Investment and the European Union: 

16. The investment regime under Article 207 TFEU: a legal conundrum, the scope of 'foreign direct investment' and the future of intra-EU BITs Friedl Weiss and Silke Steiner 

17. International investment and the European Union: an uneasy relationship Thomas Henquet 

18. The new EU competence in foreign direct investment and intra-EU investment treaties: does the emperor have new clothes? Rumiana Yotova

Part VI. Outlook: International Investment in the Twenty-First Century: 

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 

20. Non-investment obligations in investment treaty arbitration – towards a greater role for states? Vid Prislan 

21. Fragmentation, consolidation and the future relationship between international investment law and general international law Ralph Alexander Lorz.

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