Eu Human Rights International Investment Law And Participation

Author : Vivian Kube
Publisher : Springer
ISBN 13 : 3030206076
Total Pages : 329 pages
Book Rating : 4.79/5 ( download)

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Download or read book EU Human Rights, International Investment Law and Participation written by Vivian Kube and published by Springer. This book was released on 2019-08-02 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book demonstrates how human rights obligations of the EU foreign constitution can be operationalized in the realm of international economic regulation. The content is divided into three major parts. The first outlines the legal foundations needed for the EU to become a shaper of international investment law, which include the general principles and objectives of EU external policies, the Charter of Fundamental Rights, international human rights and the international investment competences of the EU. The second part demonstrates the current international investment regime’s incompatibility with human rights interests, while the third analyzes two mechanisms stemming from trade Law – ex-ante human rights impact assessments and civil society monitoring bodies – and explores whether they could mitigate the current inequalities in the protection of rights. The potential of these mechanisms, the book argues, lies in their capacity to ensure a comprehensive assessment of all interests at stake, and to empower traditionally marginalized rights-holders to make, shape and contest the international investment regime.

Author : Eric De Brabandere
Publisher : BRILL
ISBN 13 : 9004397663
Total Pages : 462 pages
Book Rating : 4.68/5 ( download)

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Download or read book Public Participation and Foreign Investment Law written by Eric De Brabandere and published by BRILL. This book was released on 2021-02-01 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public Participation and Foreign Investment Law critically discusses the different forms of public participation that can be found or envisaged in foreign investment law. It provides the first systematic treatment of public participation in foreign investment law in its main forms and from different perspectives.

Author : Luca Pantaleo
Publisher : Springer
ISBN 13 : 9462652708
Total Pages : 176 pages
Book Rating : 4.05/5 ( download)

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Download or read book The Participation of the EU in International Dispute Settlement written by Luca Pantaleo and published by Springer. This book was released on 2018-10-22 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: The topic of this book is the participation of the EU in international dispute settlement. It aims to provide the reader with an appraisal of the most problematic aspects connected with the participation of a sui generis legal subject such as the EU to international dispute settlement mechanisms in a State-centric international law. In particular, the publication dwells on the question of how to make possible an effective participation in disputes while at the same time preserving the specific characteristics (i.e. the autonomy) of the EU legal order. It does so by outlining different models and proposing the internalization model adopted under EU investment agreements as a possible paradigm. It is aimed at academics, practitioners and graduate students as well as EU officials and judges who should find the issues discussed both useful and of interest for staying up-to-date on the scholarly discussion and of their relevance to case law. Luca Pantaleo is a Lecturer in International and European Law at The Hague University of Applied Sciences in The Netherlands. He obtained a PhD in International and EU Law in 2013 at the University of Macerata in Italy and was previously a Senior Researcher at the T.M.C. Asser Institute and Postdoctoral researcher at the University of Luxembourg.

Author : Francesco Montanaro
Publisher : Bloomsbury Publishing
ISBN 13 : 1509963820
Total Pages : 213 pages
Book Rating : 4.29/5 ( download)

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Download or read book The European Union and International Investment Law written by Francesco Montanaro and published by Bloomsbury Publishing. This book was released on 2023-03-23 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the interaction between the EU and international investment law, both at the internal level, namely within the EU internal market, and at the external level, i.e. in the context of its relations with third States. The joint treatment of these dimensions reveals that the EU has assumed an ostensibly ambivalent attitude towards international investment law. At the internal level, it has consistently asserted that intra-EU international investment agreements (IIAs) are not compatible with EU law and advocated their termination. At the external level, by contrast, it has eagerly deployed IIAs to develop its post-Lisbon international investment policy. The book finds that beneath this apparent ambivalence towards international investment law ultimately lies the EU's attempt to impose, both internally and externally, its own original model of regulation of cross-border investment. It then argues that the EU adopted this approach with a view to supporting its internal market, enhancing its external influence, and, ultimately, pursuing long-term 'federal aspirations'. Finally, the book identifies the legal and political obstacles that have curtailed the EU's efforts at both the internal and the external level.

Author : Stefanie Schacherer
Publisher : BRILL
ISBN 13 : 900446588X
Total Pages : 473 pages
Book Rating : 4.86/5 ( download)

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Download or read book Sustainable Development in EU Foreign Investment Law written by Stefanie Schacherer and published by BRILL. This book was released on 2021-08-24 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Steffen Hindelang
Publisher : Oxford University Press
ISBN 13 : 0191058289
Total Pages : 497 pages
Book Rating : 4.88/5 ( download)

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Download or read book Shifting Paradigms in International Investment Law written by Steffen Hindelang and published by Oxford University Press. This book was released on 2016-01-22 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment law is in transition. Whereas the prevailing mindset has always been the protection of the economic interests of individual investors, new developments in international investment law have brought about a paradigm shift. There is now more than ever before an interest in a more inclusive, transparent, and public regime. Shifting Paradigms in International Investment Law addresses these changes against the background of the UNCTAD framework to reform investment treaties. The book analyses how the investment treaty regime has changed and how it ought to be changing to reconcile private property interests and the state's duty to regulate in the public interest. In doing so, the volume tracks attempts in international investment law to recalibrate itself towards a more balanced, less isolated, and increasingly diversified regime. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers.

Author : Marc Bungenberg
Publisher : Springer Science & Business Media
ISBN 13 : 3642148557
Total Pages : 207 pages
Book Rating : 4.52/5 ( download)

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Download or read book International Investment Law and EU Law written by Marc Bungenberg and published by Springer Science & Business Media. This book was released on 2011-01-18 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: The entry into force of the Lisbon Treaty entails sweeping changes with respect to foreign investment regulation. Most prominently, the Treaty on the Functioning of the European Union (TFEU) now contains in its Article 207 an explicit competence for the regulation of foreign direct investment as part of the Common Commercial Policy (CCP) chapter. With this new competence, the EU will become an important actor in the field of international investment politics and law. The new empowerment in the field of international investment law prompts a multitude of questions. This volume analyzes in depth the new “post-Lisbon situation” in the area of investment policy, provokes further discussion and offers new approaches.

Author : Moskvan, Dominik
Publisher : Edward Elgar Publishing
ISBN 13 : 1800880383
Total Pages : 288 pages
Book Rating : 4.82/5 ( download)

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Download or read book Protection of Foreign Investments in an Intra-EU Context written by Moskvan, Dominik and published by Edward Elgar Publishing. This book was released on 2022-02-04 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Achmea judgment revolutionised intra-EU investment protection by declaring intra-EU bilateral investment treaties (intra-EU BITs) incompatible with EU law. This incisive book investigates whether intra-EU foreign investments benefit from this alteration, which discontinued the parallel applicability of intra-EU BITs and EU law in the EU internal market. In addition to comparative legal analysis from an investor perspective, Dominik Moskvan puts forward a proposal for a creation of a permanent intra-EU foreign investment court to ensure a balanced economic development of the EU internal market.

Author : Tullio Treves
Publisher : Routledge
ISBN 13 : 113507190X
Total Pages : 397 pages
Book Rating : 4.05/5 ( download)

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Download or read book Foreign Investment, International Law and Common Concerns written by Tullio Treves and published by Routledge. This book was released on 2013-10-23 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: Increasingly, transnational corporations, developed countries and private actors are broadening the boundaries of their investments into new territories, in search of a higher return on capital. This growth in direct foreign investment involves serious concerns for both the investor and host state. Various exponents of international civil society and non-governmental organisations persuasively claim that such growth in foreign investments constitutes potential and serious hazards both to the environment and the fundamental rights and freedoms of local populations. This book explores from an international law perspective the complex relationship between foreign investments and common concerns, i.e. values that do not coincide, or do not necessarily coincide, with the interests of the investor and of the host state. 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. Among its collection of essays, the volume asks how much "regulatory space" investment law leaves; whether international investment law is an effective means of balancing contrasting interests, and whether investment arbitration currently constitutes a mechanism of global governance. In collecting the outlooks of various experts in human rights, environmental and international economic law, this book breaks new ground in exploring how attention to its legal aspects may help in navigating the relationship between foreign investment and common concerns. In doing so, the book provides valuable insights into the substantive issues and institutional aspects of international investment law.

Author : Vivian Kube
Publisher :
ISBN 13 :
Total Pages : 379 pages
Book Rating : 4.58/5 ( download)

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Download or read book The EU's Human Rights Obligations Towards the Wider World and the International Investment Regime written by Vivian Kube and published by . This book was released on 2018 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thesis uses the case of the international investment regime to demonstrate how the human rights framework that governs EU external relations can be operationalized in the realm of international economic law making. The first part of the thesis outlines the legal foundations for the EU to become a shaper of the international investment regime. These legal foundations are firstly found in the unique human rights framework consisting of human rights as a general principle and objective, the EU Charter of Fundamental Rights and international human rights law and secondly in the international investment competence of the EU. The second part of the thesis demonstrates the inaccessibility of the current international investment regime for human rights interests and shows that recent EU reforms fail to address the major inequalities of rights protection inherent in the investment regime. This regulatory tilt is however difficult to uphold in light of the normative framework established by the first part. The third part analyses two mechanisms, which were developed in the trade context: Ex-ante human rights impact assessments for EU trade and investment agreements and civil society monitoring bodies of EU trade and sustainable development chapters. In examining these mechanisms, this part explores the question of whether they could work towards mitigating the inequalities of rights protection. The potential of these mechanisms lies in their capacities to ensure a comprehensive assessment of policy impacts as well as to empower traditionally marginalized rights-holders to participate in the making, implementation and contestation of the international investment regime. These two methods - comprehensive assessment of policy impacts and empowerment of rights-holders - are embedded in other EU structural principles and the international human rights discourse and would, so this part argues, enable the EU to discharge its human rights obligations. To seize this potential, substantial reforms and a shift of conceptions are however still necessary. This part also analyses what parameters need to be changed in order to utilize these mechanisms for building sustainable institutions that enable marginalized local communities to inject their interests into the design and implementation of international investment regulations. Next to providing concrete proposals, this thesis therefore also demonstrates in a generalizable manner how the broad constitutional human rights mandate can gain precise shape and be broken down into clear benchmarks to which EU international economic law making can be held accountable to.