The Investment Treaty Regime And Public Interest Regulation In Ghana

The Investment Treaty Regime and Public Interest Regulation in Ghana PDF
Author: Dominic Npoanlari Dagbanja
Publisher:
ISBN:
Size: 80.54 MB
Format: PDF, Docs
Category : Commercial treaties
Languages : en
Pages : 243
View: 4706

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There is extensive literature on conflict of legal norms and interests in international investment law. The dominant discourse is on the implications of treaty-based investment protection for sovereign regulatory autonomy. Mainstream scholarship critical of the scope and effect of investment treaties has taken the legal status of these treaties for granted. Little systematic attention has been paid to the capacity of states to make investment treaties and the obligations states can or cannot agree to under those treaties in light of their public interest obligations. Yet, this issue is of fundamental importance for three reasons. First, the case for states’ regulatory autonomy arises out of their primary duty to regulate in the public interest. This duty has its legal justification in national constitutions and international law. Second, treaty obligations are founded on the existence of legal norms necessary for the treaty to come into existence and which define the juridical consequences attached to the conclusion of the treaty. These matters are also determined by national constitutions and international law. Third, the limitations inherent in state-specific defences in international investment disputes settlement compel a proactive rethink of the conclusion of investment treaties and how they are interpreted. The question this thesis assesses with reference to Ghana then is: does a state that is legally required to act both under the terms of its constitution and international law in the public interest have the capacity to conclude investment treaties that expressly prevent or abridge the exercise of its public interest regulatory powers, and how should treaties adopted in breach of these obligations be interpreted? To address this question, three areas of public interest regulation that have featured prominently in investment arbitration serve as case studies: the jurisdiction of municipal courts, environmental protection and development policy. Based on the impact and potential limitations of standards of investment protection on these areas, the thesis argues that some treaties are incompatible with the public interest regulation obligations of Ghana under the Constitution and international law. The core proposition of the thesis is that the legal source and public purpose of the State’s powers prevent it from concluding agreements that directly prohibit public interest regulation or indirectly achieve that effect. Accordingly, the thesis proposes that the express and implied limitations on the duty to regulate in the public interest placed on investment treaty making powers of the State must inform the making of investment treaties and their interpretation. By its approach, this thesis establishes a principled basis for reflection on the limits to the State’s capacity to conclude investment treaties and on how they should be interpreted.

Yearbook On International Investment Law Policy 2014 2015

Yearbook on International Investment Law   Policy 2014 2015 PDF
Author: Andrea K. Bjorklund
Publisher: Oxford University Press
ISBN: 0190612061
Size: 41.41 MB
Format: PDF, Kindle
Category : Law
Languages : en
Pages :
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Several themes emerge in this 2014-2015 edition of the Yearbook. The first is a notable focus on country and region-specific developments. Different articles focus on key developments in such countries as Australia, Brazil, China, Ghana, India, Indonesia, Russia, and South Africa. Others focus on regional innovations, in particular in Latin America. A second area of attention is reform, and proposals for reform, in investor-state dispute settlement and in investment law generally. The third theme is the continued concern about states' regulatory autonomy and the importance of their retaining ability to protect the interests of their nationals. A fourth theme concerns the continued contribution that investment arbitration makes to the development of international law, and the influence that it is starting to have on other areas of law, whether that is as a source of inspiration in the interpretation of other norms or as a source of potentially powerful persuasive authority given the "teeth" that investment law has with respect to enforcement. Included are the winning memorials of the FDI Moot for both 2014 and 2015. In 2014 a team from the University of Ottawa submitted the winning claimant's memorial, while students from Harvard Law School submitted the winning respondent's memorial. In 2015, Harvard repeated its stellar performance, again winning best respondent's memorial. The winning claimant's memorial in 2015 was submitted by students from the National and Kapodistrian University of Athens. These excellent memorials reveal once again the growing interest of students in international investment law and demonstrate a striving for excellence and an enthusiasm for grappling with intellectually challenging issues.

Research Handbook On Foreign Direct Investment

Research Handbook on Foreign Direct Investment PDF
Author: Markus Krajewski
Publisher: Edward Elgar Publishing
ISBN: 1785369857
Size: 57.34 MB
Format: PDF, ePub
Category : LAW
Languages : en
Pages : 744
View: 7548

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Increasing international investment, the proliferation of international investment agreements, domestic legislation, and investor-State contracts have contributed to the development of a new field of international law that defines obligations between host states and foreign investors with investor-State dispute settlement. This involves not only vast sums, but also a panoply of rights, duties, and shifting objectives at the juncture of national and international law and policy. This engaging Research Handbook provides an authoritative account of these diverse investment law issues.

Regime Accommodation In International Law

Regime Accommodation in International Law PDF
Author: Heejin Kim
Publisher: BRILL
ISBN: 9004325514
Size: 25.11 MB
Format: PDF, Docs
Category : Political Science
Languages : en
Pages : 382
View: 391

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Regime Accommodation in International Law: Human Rights in International Economic Law and Policy provides an analysis of multidimensional conflict between two specialized regimes. The author examines how decision-makers at different stages of international economic policy-making can address and accommodate human rights in a better way.

Yearbook On International Investment Law And Policy 2014 2015

Yearbook on International Investment Law and Policy 2014 2015 PDF
Author: Andrea K. Bjorklund
Publisher: Oxford University Press
ISBN: 0190612053
Size: 42.54 MB
Format: PDF, Docs
Category :
Languages : en
Pages : 648
View: 811

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Several themes emerge in this 2014-2015 edition of the Yearbook. The first is a notable focus on country and region-specific developments. Different articles focus on key developments in such countries as Australia, Brazil, China, Ghana, India, Indonesia, Russia, and South Africa. Others focus on regional innovations, in particular in Latin America. A second area of attention is reform, and proposals for reform, in investor-state dispute settlement and in investment law generally. The third theme is the continued concern about states' regulatory autonomy and the importance of their retaining ability to protect the interests of their nationals. A fourth theme concerns the continued contribution that investment arbitration makes to the development of international law, and the influence that it is starting to have on other areas of law, whether that is as a source of inspiration in the interpretation of other norms or as a source of potentially powerful persuasive authority given the "teeth" that investment law has with respect to enforcement. Included are the winning memorials of the FDI Moot for both 2014 and 2015. In 2014 a team from the University of Ottawa submitted the winning claimant's memorial, while students from Harvard Law School submitted the winning respondent's memorial. In 2015, Harvard repeated its stellar performance, again winning best respondent's memorial. The winning claimant's memorial in 2015 was submitted by students from the National and Kapodistrian University of Athens. These excellent memorials reveal once again the growing interest of students in international investment law and demonstrate a striving for excellence and an enthusiasm for grappling with intellectually challenging issues.

Routledge Handbook Of International Environmental Law

Routledge Handbook of International Environmental Law PDF
Author: Erika Techera
Publisher: Routledge
ISBN: 1000320367
Size: 30.99 MB
Format: PDF, ePub
Category : Law
Languages : en
Pages : 514
View: 724

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This book critically explores the legal tools, concepts, principles and instruments, as well as cross-cutting issues, that comprise the field of international environmental law. Commencing with foundational elements, progressing on to discrete sub-fields, then exploring regional cooperative approaches, cross-cutting issues and finally emerging challenges for international environmental law, it features chapters by leading experts in the field of international environmental law, drawn from a range of countries in order to put forward a truly global approach to the subject. The book is split into five parts: • The foundations of international environmental law covering the principles of international environmental law, standards and voluntary commitments, sustainable development, issues of public participation and environmental rights and compliance, state responsibility, liability and dispute settlement. • The key instruments and governance arrangements across the most critical areas of international environmental law: biodiversity, wildlife, freshwater, forestry and soils, fisheries, marine pollution, chemicals and waste, air and atmospheric pollution and climate change. • Crucial developments in seven distinct regions of the world: Africa, Europe, North America, Latin America, South East Asia, the polar regions and small island states. • Cross-cutting issues and multidisciplinary developments, drawing from multiple other fields of law and beyond to address human rights and Indigenous rights, war and armed conflict, trade, financing, investment, criminology, technology and energy. • Contemporary challenges and the emerging international environmental law regimes which address these: the changing climate, forced migration, marine plastic debris and future directions in international environmental law. Containing chapters on the most critical developments in environmental law in recent years, this comprehensive and authoritative book makes for an essential reference work for students, scholars and practitioners working in the field.

Human Rights In The Extractive Industries

Human Rights in the Extractive Industries PDF
Author: Isabel Feichtner
Publisher: Springer
ISBN: 3030113825
Size: 22.69 MB
Format: PDF
Category : Law
Languages : en
Pages : 551
View: 131

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This book addresses key challenges and conflicts arising in extractive industries (mining, oil drilling) concerning the human rights of workers, their families, local communities and other stakeholders. Further, it analyses various instruments that have sought to mitigate human rights violations by defining transparency-related obligations and participation rights. These include the Extractive Industries Transparency Initiative (EITI), disclosure requirements, and free, prior and informed consent (FPIC). The book critically assesses these instruments, demonstrating that, in some cases, they produce unwanted effects. Furthermore, it highlights the importance of resistance to extractive industry projects as a response to human rights violations, and discusses how transparency, participation and resistance are interconnected.

Yearbook On International Investment Law And Policy 2012 2013

Yearbook on International Investment Law and Policy 2012 2013 PDF
Author: Andrea K. Bjorklund
Publisher: Oxford University Press, USA
ISBN: 0199386323
Size: 53.40 MB
Format: PDF, ePub
Category : Law
Languages : en
Pages : 692
View: 5993

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Today, international investment law consists of a network of multifaceted, multilayered international treaties that, in one way or another, involve virtually every country of the world. The evolution of this network raises a host of issues regarding international investment law and policy, especially in the area of international investment disputes. The Yearbook on International Investment Law & Policy 2012-2013 monitors current developments in international investment law and policy, focusing on recent trends and issues in foreign direct investment (FDI). With contributions by leading experts in the field, this title provides timely, authoritative information on FDI that can be used by a wide audience, including practitioners, academics, researchers, and policy makers. Contributions to the Yearbook on International Investment Law & Policy 2012-2013 cover the 2012-2013 trends in international investment agreements, the Foreign Direct Investment (FDI) trends, and the challenge of investment policies for outward FDI, as well as a review of 2012 international investment law and arbitration. This edition contains essays from the Symposium on Sustainable Development and International Investment Law: Bridging the Divide. Also included are general articles providing an analysis of arbitral tribunal practice regarding the applicable law to state contracts under the ICSID Convention in the Twenty First Century; the role of municipal laws in investment arbitration; the status of state-controlled entities under international investment law, the US and the Trans-Pacific partnership (TPP); new 2012 US Model BITs; and the Regulation of FDI in Bolivia. This volume concludes with the winning memorials from the 2012 FDI International Moot Competition.

The International Law Of Investment Claims

The International Law of Investment Claims PDF
Author: Zachary Douglas
Publisher: Cambridge University Press
ISBN: 0521855675
Size: 69.61 MB
Format: PDF, Mobi
Category : Law
Languages : en
Pages : 616
View: 2534

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This book is a codification of the principles and rules relating to the prosecution of investment claims.

The Public International Law Regime Governing International Investment

The Public International Law Regime Governing International Investment PDF
Author: José E. Alvarez
Publisher: BRILL
ISBN: 9004249931
Size: 19.54 MB
Format: PDF, Mobi
Category : Law
Languages : en
Pages : 504
View: 4905

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Also available as an e-book This monograph considers the ramifications of the legal regime that governs transborder capital flows. This regime consists principally of a network of some 3,000 investment treaties, as well as a growing body of arbitral decisions. Professor Alvarez contends that the contemporary international investment regime should no longer be described as a species of territorial “empire” imposed by rich capital exporters on capital importers. He examines the evolution of investment treaties and investor-State jurisprudence constante and identifies the connections between these and general trends within public international law, including the increased resort to treaties (“treatification”), growing risks to the law’s consistency (“fragmentation”), and the proliferation of forms of international adjudication (“judicialization”). Professor Alvarez also considers whether the regime’s efforts to “balance” the needs of non-State investors and sovereigns ought to be characterized as “global administrative law”, as a form of “constitutionalization”, or as an increasingly human-rights-centred enterprise.

Sovereign Debt And Human Rights

Sovereign Debt and Human Rights PDF
Author: Ilias Bantekas
Publisher: Oxford University Press, USA
ISBN: 019881044X
Size: 27.28 MB
Format: PDF, Mobi
Category : Law
Languages : en
Pages : 640
View: 5295

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Sovereign debt is necessary for the functioning of many modern states, yet its impact on human rights is underexplored in academic literature. This volume provides the reader with a step-by-step analysis of the debt phenomenon and how it affects human rights. Beginning by setting out thehistorical, political and economic context of sovereign debt, the book goes on to address the human rights dimension of the policies and activities of the three types of sovereign lenders: international financial institutions (IFIs), sovereigns and private lenders.Bantekas and Lumina, along with a team of global experts, establish the link between debt and the manner in which the accumulation of sovereign debt violates human rights, examining some of the conditions imposed by structural adjustment programs on debtor states with a view to servicing their debt.They outline how such conditions have been shown to exacerbate the debt itself at the expense of economic sovereignty, concluding that such measures worsen the borrower's economic situation, and are injurious to the entrenched rights of peoples.

Judicial Deference In International Adjudication

Judicial Deference in International Adjudication PDF
Author: Johannes Hendrik Fahner
Publisher: Bloomsbury Publishing
ISBN: 1509932305
Size: 63.56 MB
Format: PDF
Category : Law
Languages : en
Pages : 312
View: 2466

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International courts and tribunals are increasingly asked to pass judgment on matters that are traditionally considered to fall within the domestic jurisdiction of States. Especially in the fields of human rights, investment, and trade law, international adjudicators commonly evaluate decisions of national authorities that have been made in the course of democratic procedures and public deliberation. A controversial question is whether international adjudicators should review such decisions de novo or show deference to domestic authorities. This book investigates how various international courts and tribunals have responded to this question. In addition to a comparative analysis, the book provides a normative argument, discussing whether different forms of deference are justified in international adjudication. It proposes a distinction between epistemic deference, which is based on the superior capacity of domestic authorities to make factual and technical assessments, and constitutional deference, which is based on the democratic legitimacy of domestic decision-making. The book concludes that epistemic deference is a prudent acknowledgement of the limited expertise of international adjudicators, whereas the case for constitutional deference depends on the relative power of the reviewing court vis-à-vis the domestic legal order.

Global Environmental Change And Innovation In International Law

Global Environmental Change and Innovation in International Law PDF
Author: Neil Craik
Publisher: Cambridge University Press
ISBN: 1108423442
Size: 72.26 MB
Format: PDF, Docs
Category : Law
Languages : en
Pages : 300
View: 5760

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Explores normative and institutional innovation in international law as a response to the challenges to global order posed by rapid environmental change.

The Role Of The State In Investor State Arbitration

The Role of the State in Investor State Arbitration PDF
Author: Shaheeza Lalani
Publisher: Martinus Nijhoff Publishers
ISBN: 9004282254
Size: 28.45 MB
Format: PDF
Category : Business & Economics
Languages : en
Pages : 508
View: 4602

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Edited by Shaheeza Lalani and Rodrigo Polanco Lazo, The Role of the State in Investor-State Arbitration is a collection of edited contributions by lawyers, arbitrators and political scientists on the development of the concept of the “State” in a field that currently presents an increasing number of controversial disputes: Investor-State Arbitration.

Dead Aid

Dead Aid PDF
Author: Dambisa Moyo
Publisher: Haffmans & Tolkemitt
ISBN: 3942989719
Size: 19.87 MB
Format: PDF, ePub, Mobi
Category : Social Science
Languages : de
Pages : 236
View: 391

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Afrika ist ein armer Kontinent. Ein Kontinent voller Hunger, blutiger Konflikte, gescheiterter Staaten, voller Korruption und Elend. Um zu helfen, adoptieren Prominente afrikanische Halbwaisen und flanieren durch Flüchtlingslager, laden die Gutmenschen unter den Popstars zu Benefiz-Konzerten, und westliche Staaten haben in den letzten 50 Jahren eine Billion Dollar an afrikanische Regierungen gezahlt. Aber trotz Jahrzehnten von billigen Darlehen, nicht rückzahlbaren Krediten, Schuldenerlassen, bilateraler und multilateraler Hilfe steht Afrika schlimmer da als je zuvor. Mit Dead Aid hat Dambisa Moyo ein provokatives Plädoyer gegen Entwicklungshilfe und für Afrika geschrieben. Knapp, faktenreich und zwingend legt sie ihre Argumente dar. Entwicklungshilfe, im Sinne von Geld-Transfers zwischen Regierungen, macht abhängig. Sie zementiert die bestehenden Gegebenheiten, fördert Korruption und finanziert sogar Kriege. Sie zerstört jeden Anreiz, gut zu wirtschaften und die Volkswirtschaft anzukurbeln. Entwicklungshilfe zu beziehen ist einfacher, als ein Land zu sanieren. Im Gegensatz zu Bono und Bob Geldoff weiß Moyo, wovon sie spricht. Die in Sambia geborene und aufgewachsene Harvard-Ökonomin arbeitete jahrelang für die Weltbank. In Dead Aid erklärt sie nicht nur, was die negativen Folgen von Entwicklungshilfe sind und warum China für Afrika eine Lösung und nicht Teil des Problems ist; sie entwirft zudem einen Weg, wie sich Afrika aus eigener Kraft und selbstbestimmt entwickeln kann. In den USA und Großbritannien löste Dead Aid eine hitzige Debatte aus. Es stand mehrere Wochen auf der New York Times Bestsellerliste und wurde vom Sunday Herald zum Buch des Jahres gewählt. Das Time Magazine wählte Dambisa Moyo 2009 zu einer der 100 wichtigsten Persönlichkeiten der Welt.