The Brics In The New International Legal Order On Investment

Author : Congyan Cai
Publisher : BRILL
ISBN 13 : 9004376992
Total Pages : 255 pages
Book Rating : 4.91/5 ( download)

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Download or read book The BRICS in the New International Legal Order on Investment written by Congyan Cai and published by BRILL. This book was released on 2020-03-31 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: The BRICS in the New International Legal Order on Investment: Reformers or Disruptors is written by international experts with BRICS backgrounds. The book investigates why and how the BRICS countries modernize their approach to the investment treaty regime. The chapters are organized by BRICS countries and discuss whether they can develop a common approach to investment treaties as well as what these countries will bring to the investment treaty regime in the future. The volume provides important perspectives on how the BRICS, an emerging power hub in international society, engage in the international legal order.

Author : M. Sornarajah
Publisher : Cambridge University Press
ISBN 13 : 9780521465281
Total Pages : 124 pages
Book Rating : 4.81/5 ( download)

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Download or read book The International Law on Foreign Investment written by M. Sornarajah and published by Cambridge University Press. This book was released on 1994-08-18 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author examines different techniques adopted by States for attracting foreign investment and for ensuring that foreign investment serves their economic objectives.

Author : Congyan Cai
Publisher : Oxford University Press
ISBN 13 : 0190073616
Total Pages : 344 pages
Book Rating : 4.19/5 ( download)

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Download or read book The Rise of China and International Law written by Congyan Cai and published by Oxford University Press. This book was released on 2019-09-10 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rise of China signals a new chapter in international relations. How China interacts with the international legal order--namely, how China utilizes international law to facilitate and justify its rise and how international law is relied upon to engage a rising China--has invited growing debate among academics and those in policy circles. Two recent events, the South China Sea Arbitration and the US-China trade war, have deepened tensions. This book, for the first time, provides a systematic and critical elaboration of the interplay between a rising China and international law. Several crucial questions are broached. These include: How has China adjusted its international legal policies as China's state identity changes over time, especially as it becomes a formidable power? Which methodologies has China adopted to comply with international law and, in particular, to achieve its new legal strategy of norm entrepreneurship? How does China organize its domestic institutions to engage international law in order to further its ascendance? How does China use international law at a national level (in the Chinese courts) and at an international level (for example, lawfare in international dispute settlement)? And finally, how should "Chinese exceptionalism" be understood? This book contributes significantly to the burgeoning and highly relevant scholarship on China and international law.

Author : Rostam J. Neuwirth
Publisher : Cambridge University Press
ISBN 13 : 1108245196
Total Pages : 411 pages
Book Rating : 4.97/5 ( download)

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Download or read book The BRICS-Lawyers' Guide to Global Cooperation written by Rostam J. Neuwirth and published by Cambridge University Press. This book was released on 2017-10-12 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the international trade and development arena, new and developing economies have created a block that is known as BRICS - Brazil, Russia, India, China and South Africa. Initially conceived to drive global change through economic growth, the financial crisis and reversal of fortunes of the BRICS nations have raised questions about their ability to have an impact on the governance of global affairs. This book explores the role of law in various areas of BRICS cooperation including: trade, investment, competition, intellectual property, energy, consumer protection, financial services, space exploration and legal education. It not only covers the specifics of each of the BRICS nations in the selected areas, but also offers innovative and forward-looking perspectives on the BRICS cooperation and their contribution to the reform of the global governance networks. This is a unique reference book suitable for academics, government officials, legal practitioners, business executives, researchers and students.

Author : Alexandre Genest
Publisher : BRILL
ISBN 13 : 9004392106
Total Pages : 288 pages
Book Rating : 4.06/5 ( download)

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Download or read book Performance Requirement Prohibitions in International Investment Law written by Alexandre Genest and published by BRILL. This book was released on 2019-09-16 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Performance Requirement Prohibitions in International Investment Law, Alexandre Genest proposes the first empirical typology of performance requirement prohibitions in investment treaties and the first in-depth analysis of arbitral awards on the subject, which will improve their interpretation and drafting.

Author : Leïla Choukroune
Publisher : Springer
ISBN 13 : 9811023603
Total Pages : 222 pages
Book Rating : 4.06/5 ( download)

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Download or read book Judging the State in International Trade and Investment Law written by Leïla Choukroune and published by Springer. This book was released on 2016-12-10 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses concerns with the international trade and investment dispute settlement systems from a statist perspective, at a time when multilateralism is deeply questioned by the forces of mega-regionalism and political and economic contestation. In covering recent case law and theoretical discussions, the book’s contributors analyze the particularities of statehood and the limitations of the dispute settlement systems to judge sovereign actors as autonomous regulators. From a democratic deficit coupled with a deficit of legitimacy in relation to the questionable professionalism, independence and impartiality of adjudicators to the lack of consistency of decisions challenging essential public policies, trade and investment disputes have proven controversial. These challenges call for a rethinking of why, how and what for, are States judged. Based on a “sovereignty modern” approach, which takes into account the latest evolutions of a globalized trade and investment law struggling to put people’s expectations at its core, the book provides a comprehensive framework and truly original perspective linking the various facets of “judicial activity” to the specific yet encompassing character of international law and the rule of law in international society. In doing so, it covers a large variety of issues such as global judicial capacity building and judicial professionalism from an international and domestic comparative angle, trade liberalisation and States' legitimate rights and expectations to protect societal values, the legal challenges of being a State claimant, the uses and misuses of imported legal concepts and principles in multidisciplinary adjudications and, lastly, the need to reunify international law on a (human) rights based approach.

Author : Treasa Dunworth
Publisher : Cambridge University Press
ISBN 13 : 1108579914
Total Pages : 283 pages
Book Rating : 4.19/5 ( download)

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Download or read book Humanitarian Disarmament written by Treasa Dunworth and published by Cambridge University Press. This book was released on 2020-08-06 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: The humanitarian framing of disarmament is not a novel development, but rather represents a re-emergence of a much older and long-standing sensibility of humanitarianism in disarmament. The Book rejects the 'big bang' theory that presents the Anti-Personnel Landmines Convention 1997, and its successors – the Convention on Cluster Munitions 2008, and the Treaty on the Prohibition of Nuclear Weapons 2017 – as a paradigm shift from an older traditional state-centric approach towards a more progressive humanitarian approach. It shows how humanitarian disarmament has a long and complex history, which includes these treaties. This book argues that the attempt to locate the birth of humanitarian disarmament in these treaties is part of the attempt to cleanse humanitarian disarmament of politics, presenting humanitarianism as a morally superior discourse in disarmament. However, humanitarianism carries its own blind spots and has its own hegemonic leanings. It may be silencing other potentially more transformative discourses.

Author : Andreas Buser
Publisher : Springer Nature
ISBN 13 : 3030636399
Total Pages : 439 pages
Book Rating : 4.95/5 ( download)

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Download or read book Emerging Powers, Global Justice and International Economic Law written by Andreas Buser and published by Springer Nature. This book was released on 2021-01-04 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book assesses emerging powers’ influence on international economic law and analyses whether their rhetoric of reforming this ‘unjust’ order translates into concrete reforms. The questions at the heart of the book surround the extent to which Brazil, Russia, India, China, and South Africa individually and as a bloc (BRICS) provide alternative regulatory ideas to those of ‘Western’ States and whether they are able to convert their increased power into influence on global regulation. To do so, the book investigates two broader case studies, namely, the reform of international investment agreements and WTO reform negotiations since the start of the Doha Development Round. As a general outcome, it finds that emerging powers do not radically challenge established law. ‘Third World’ rhetoric mostly does not translate into practice and rather serves to veil economic interests. Still, emerging powers provide for some alternative regulatory ideas, already leading to a diversification of international economic law. As a general rule, they tend to support norms that allow host States much policy space which could be used to protect and fulfil socio-economic human rights, especially – but not only – in the Global South.

Author : Shen Wei
Publisher : Cambridge University Press
ISBN 13 : 110885303X
Total Pages : 371 pages
Book Rating : 4.33/5 ( download)

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Download or read book Decoding Chinese Bilateral Investment Treaties written by Shen Wei and published by Cambridge University Press. This book was released on 2021-08-26 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: China is one of the major investment destinations and is a major country signing a large number of BITs and FTAs. China has been applying a liberalization approach to transform its BIT regime. This book investigates these widely accepted theories and norms in the context of investment liberalization.

Author : Beaucillon, Charlotte
Publisher : Edward Elgar Publishing
ISBN 13 : 1839107855
Total Pages : 512 pages
Book Rating : 4.56/5 ( download)

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Download or read book Research Handbook on Unilateral and Extraterritorial Sanctions written by Beaucillon, Charlotte and published by Edward Elgar Publishing. This book was released on 2021-08-27 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a unique analytical framework to capture a diverse, fragmented and highly evolving practice, the Research Handbook on Unilateral and Extraterritorial Sanctions is the key original reference work covering how sanctions have indisputably become central instruments of foreign policy. This discerning Research Handbook combines a series of case studies and cross-cutting analyses. It reflects the levers and evolution of international law and practice in the field, as well as covering important topics over multiple disciplines, particularly in international law and international relations. Featuring diverse contributions from a selection of esteemed scholars, the Research Handbook’s chapters provide an unprecedented analysis of the evolution of diplomatic, legal and business practices and tackle topical legal issues arising from unilateral and extraterritorial sanctions. Offering a unique panorama of contemporary practice, this 360-degree study will be of interest to legal academics and their students as well as practitioners in both the public and private sectors.