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Investment Law within International Law

Investment Law within International Law Integrationist Perspective

作者： Freya Baetens
出版商： Cambridge University Press
ISBN: 9781107595897
出版时间 January 2016
规格： Paperback , 562 pages
适应领域： International ? 免责申明：
Countri(es) stated herein are used as reference only

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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

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

Freya Baetens
Universiteit Leiden

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