constitutionalizing economic globalization investment rules and democracy s promise cambridge studies in law and society

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Constitutionalizing Economic Globalization

Author : David Schneiderman
ISBN : 9781139470094
Genre : Law
File Size : 59. 23 MB
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Are foreign investors the privileged citizens of a new constitutional order that guarantees rates of return on investment interests? Schneiderman explores the linkages between a new investment rules regime and state constitutions – between a constitution-like regime for the protection of foreign investment and the constitutional projects of national states. The investment rules regime, as in classical accounts of constitutionalism, considers democratically authorized state action as inherently suspect. Despite the myriad purposes served by constitutionalism, the investment rules regime aims solely to enforce limits, both inside and outside of national constitutional systems, beyond which citizen-driven politics will be disabled. Drawing on contemporary and historical case studies, the author argues that any transnational regime should encourage innovation, experimentation, and the capacity to imagine alternative futures for managing the relationship between politics and markets. These objectives have been best accomplished via democratic institutions operating at national, sub-national, and local levels.

Globalisation And Natural Resources Law

Author : Elena Blanco
ISBN : 9781849808668
Genre : Law
File Size : 33. 40 MB
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'This book is a very welcome addition to publications on globalisation and natural resources management. It adopts a very broad approach to this important subject – it includes the general issues, such as trade and investment. It deals with very complex questions of permanent sovereignty over natural resources; the right to development; the role of indigenous peoples in resource management. This publication also provides the reader with general underlying principles and approaches to natural resources management, such as sustainable use; the precautionary principle; the principle of common but differentiated responsibilities and the ecosystem approach, regulatory approach etc. The book is very analytical and gives a lot of food for thought for readers.' – Malgosia Fitzmaurice, Queen Mary, University of London, UK 'The book is the first of its kind to deal in depth with complex, cross-cutting issues relating to globalization and natural resources. The authors demonstrate not only a broad range of knowledge but also provides deep insights into what will be needed to make the transition from economic globalization to sustainable globalization, including improved resource efficiency and sustainable development, and inclusive and participatory governance. In particular, the authors consider specific approaches in such sectors as water resources, renewable energy, and biological resources. The book has carefully documented and analyzed numerous international, regional, and national legal frameworks as well as relevant theories and principles. It is a must for every law library as well as for policy makers, administrators, academics, non-governmental bodies, and civil societies. We owe a great debt to the authors for their painstaking, comprehensive research.' – Koh Kheng-Lian, National University of Singapore 'Globalization as a means of aptly capturing political, social, cultural, and above all else economic phenomena has been well-documented and the subject of a multitude of comment. What has perhaps been less well studied is its relationship with natural resource management. Thus this work by Merino-Blanco and Razzaque is to be commended. Moreover, by focusing on globalization, an important truth is revealed. It is neither about the diminution of the role of the State nor the ascendancy of the multinational corporation, but rather a more nuanced and complex interaction, which we are only beginning to appreciate. This book is an important contribution to that debate.' – Duncan French, University of Sheffield, UK 'While sustainable development requires State regulation of the exploitation of natural resources, globalisation, as originally conceived, pushed for "free and unfettered" markets creating a fundamental tension between the two approaches. This book attempts to find a way towards their reconciliation with inspiring results. The book explores many themes, especially how globalisation may contribute to the solution of the problems it has caused by helping to empower non-state actors around the world so that the international decision-making processes become more inclusive, transparent and oriented towards sustainable development.' – Ximena Fuentes, Universidad Alonso Ibanez, Chile and ILA Co-Rapporteur on the Commission on Sustainable Development This book examines the complex relationships between trade, human rights and the environment within natural resources law. It discusses key theories and challenges whilst exploring the concepts and approaches available to manage crucial natural resources in both developed and developing countries. Primarily aimed at undergraduates and postgraduates, it includes exercises, questions and discussion topics for courses on globalisation and /or natural resources law as well as an ample bibliography for those interested in further research. The book will therefore serve as an invaluable reference tool for academics, researchers and activists alike.

International Investment Law And The Right To Regulate

Author : Lone Wandahl Mouyal
ISBN : 9781317408024
Genre : Business & Economics
File Size : 82. 65 MB
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The book considers the ways in which the international investment law regime intersects with the human rights regime, and the potential for clashes between the two legal orders. Within the human rights regime states may be obligated to regulate, including a duty to adopt regulation aiming at improving social standards and conditions of living for their population. Yet, states are increasingly confronted with the consequences of such regulation in investment disputes, where investors seek to challenge regulatory interferences for example in expropriation claims. Regulatory measures may for instance interfere with the investment by imposing conditions on investors or negatively affecting the value of the investment. As a consequence, investors increasingly seek to challenge regulatory measures in international investment arbitration on the basis of a bilateral investment treaty. This book sets out the nature and the scope of the right to regulate in current international investment law. The book examines bilateral investment treaties and ICSID arbitrations looking at the indicative parameters that are granted weight in practice in expropriation claims delimiting compensable from non-compensable regulation. The book places the potential clash between the right to regulate and international investment law within a theoretical framework which describes the stability-flexibility dilemma currently inherent within international law. Lone Wandahl Mouyal goes on to set out methods which could be employed by both BIT-negotiators and adjudicators of investment disputes, allowing states to exercise their right to regulate while at the same time providing investors with legal certainty. The book serves as a valuable tool, an added perspective, for academics as well as for practitioners dealing with aspects of international investment law.

International Investment Law And Policy In Africa

Author : Fola Adeleke
ISBN : 9781351998819
Genre : Law
File Size : 71. 82 MB
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This book studies the international investment law regime in Africa and provides a comprehensive analysis of the current treaty practices in Africa from global, regional and domestic perspectives. It develops a public interest regulation theory to highlight the role of investment regulation in sustainable development and the protection of human rights. In doing so, the book identifies seven factors that should be considered by arbitrators in resolving international investment disputes that affect the public interest. It considers how corporations can be held accountable through investment treaties in the absence of a global treaty on business and human rights while protecting the rights of investors and their investments. Furthermore, the book explores the current objectives and features of investor-state dispute settlement (ISDS) as well as the deficiencies and its intersection with the rule of law. It identifies alternatives for ISDS and the extent to which these alternatives address the objectives of attracting investment, depoliticise investment disputes, promote the rule of law and offer remedies to investors. These solutions are offered in relation to the protection of human rights, the promotion of sustainable development and the right of states to introduce domestic public interest regulation. Finally, the book takes a prospective stance and discusses future trends for dispute settlement and investment rulemaking in Africa.

Courting Democracy In Bosnia And Herzegovina

Author : Lara J. Nettelfield
ISBN : 9780521763806
Genre : History
File Size : 54. 61 MB
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"This book is essential reading for anyone interested in war crimes tribunals and their place in transitional justice. Nettelfield's wide and thorough research in the literature and on the ground in Bosnia and Herzegovina make this work stand out in a field already heavily populated. It represents a well-balanced and realistic assessment of the record of the International Criminal Tribunal for the former Yugoslavia."- Richard Goldstone, former chief prosecutor for the United Nations International Criminal Tribunals for Yugoslavia and Rwanda "Elegantly written and drawing on years of meticulous empirical research, Courting Democracy in Bosnia and Herzegovina is a major contribution to theoretical and policy debates on the role of international justice institutions. Nettelfield robustly challenges conventional critical assessments of the International Criminal Tribunal for the former Yugoslavia (ICTY) and in so doing, changes forever the terms of the discussion about the impact of the ICTY in Bosnia-Herzegovina. Should be required reading in courses on human rights, international criminal law and political transitions in post-conflict settings."- Richard A. Wilson, Gladstein Chair of Human Rights, Director of the Human Rights Institute, and Professor of Anthropology at the University of Connecticut "This work is elegant in its rigor, lively in its tone, and uplifting in its spirit. Nettelfield gracefully moves us beyond turgidly contemptuous or blindly enthusiastic assessments of the relevance of international criminal law. She charts the field's role in post-conflict transition - a modest role, to be sure, and certainly a nuanced one, but also one that fosters democratic development. The book is a must-read for anyone concerned with Bosnia, transitional justice, and the role of law, in life. A tour de force!"- Mark A. Drumbl, Class of 1975 Alumni Professor and Director, Transnational Law Institute Washington and Lee University School of Law "Friends of international justice will welcome this balanced, methodologically rigorous assessment of popular responses to the ICTY in the Western Balkans. With its nuanced presentation of the Tribunal's impact, this work amply identifies missteps and pitfalls while providing gracious encouragement to proponents of international jurisprudence."- Robert Donia, Visiting Professor of History, University of Michigan "Lara Nettelfield has masterfully documented and analyzed the true impact of the International Criminal Tribunal for the former Yugoslavia on Bosnian society since 1993. She challenges conventional wisdom by demonstrating the Tribunal's modest but largely positive contribution to the democratic development of Bosnia and Herzegovina, including the introduction of new social movements for accountability. This book slays a few dragons and introduces refreshing clarity to a very challenging subject." - Professor David Scheffer, Northwestern University School of Law, and former U.S. Ambassador for War Crimes Issues (1997-2001)

Jurisprudence

Author : Scott Veitch
ISBN : 9781317749202
Genre : Law
File Size : 75. 84 MB
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Jurisprudence: Themes and Concepts offers an original introduction to, and critical analysis of, the central themes studied in jurisprudence courses. The book is presented in three parts: the first two contain general themes with corresponding tutorial questions, and the third part contains advanced topics. Each chapter gives guidance on further reading. Accessible, interdisciplinary, and socially informed, this book has been revised to take into account the latest developments in jurisprudential scholarship.

The Foundations Of International Investment Law

Author : Zachary Douglas
ISBN : 9780191508585
Genre : Law
File Size : 59. 83 MB
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International investment law is one of the fastest growing areas of international law. It has led to the signing of thousands of agreements, mostly in the form of investment contracts and bilateral investment treaties. Also, in the last two decades, there has been an exponential growth in the number of disputes being resolved by investment arbitration tribunals. Yet the legal principles at the basis of international investment law and arbitration remain in a state of flux. Perhaps the best illustration of this phenomenon is the wide disagreement among investment tribunals on some of the core concepts underpinning the regime, such as investment, property, regulatory powers, scope of jurisdiction, applicable law, or the interactions with other areas of international law. The purpose of this book is to revisit these conceptual foundations in order to shed light on the practice of international investment law. It is an attempt to bridge the growing gap between the theory and the practice of this thriving area of international law. The first part of the book focuses on the 'infrastructure' of the investment regime or, more specifically, on the structural arrangements that have been developed to manage foreign investment transactions and the potential disputes arising from them. The second part of the book identifies the common conceptual bases of an array of seemingly unconnected practical problems in order to clarify the main stakes and offer balanced solutions. The third part addresses the main sources of 'regime stress' as well as the main legal mechanisms available to manage such challenges to the operation of the regime. Overall, the book offers a thorough investigation of the conflicting theoretical positions underlying international investment law, testing their worth by reference to concrete issues that have arisen in the jurisprudence. It demonstrates that many of the most important practical questions arising in practice can be addressed by a carefully dosed resort to theory.

Current Publications In Legal And Related Fields

Author :
ISBN : STANFORD:36105134444236
Genre : Law
File Size : 51. 6 MB
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The Politics Of Trade And Tobacco Control

Author : H. Jarman
ISBN : 9781137384164
Genre : Political Science
File Size : 72. 91 MB
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This book uses the concept of political conflict to examine the effects of globalization on tobacco control policies. Analyzing a range of challenges to policies enacted by Australia, Canada, the United States, the European Union and Uruguay, the book examines how the global trading system has narrowed the scope of conflicts over tobacco control.

Issues In Political Systems Research 2011 Edition

Author :
ISBN : 9781464966262
Genre : Political Science
File Size : 72. 11 MB
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Issues in Political Systems Research / 2011 Edition is a ScholarlyEditions™ eBook that delivers timely, authoritative, and comprehensive information about Political Systems Research. The editors have built Issues in Political Systems Research: 2011 Edition on the vast information databases of ScholarlyNews.™ You can expect the information about Political Systems Research in this eBook to be deeper than what you can access anywhere else, as well as consistently reliable, authoritative, informed, and relevant. The content of Issues in Political Systems Research: 2011 Edition has been produced by the world’s leading scientists, engineers, analysts, research institutions, and companies. All of the content is from peer-reviewed sources, and all of it is written, assembled, and edited by the editors at ScholarlyEditions™ and available exclusively from us. You now have a source you can cite with authority, confidence, and credibility. More information is available at http://www.ScholarlyEditions.com/.

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