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This book offers an up-to-date, scholarly overview of the law of foreign investment, incorporating a thorough and succinct analysis of the principles and standards of treatment available to foreign investors in international law. It is It is authoritative and multi-layered, offering an analysis of the key issues and an insightful assessment of recent trends in the case-law, from both developed and developing country perspectives. A major feature of the book is that it deals with the tension between the law of foreign investment and other competing principles of international law.
In doing so, it proposes ways of achieving a balance between these principles and the need to protect the legitimate rights and expectations of foreign investors on the one hand, and the need not to unduly restrict the right of host governments to implement their public policy, including the protection of the environment and human rights, and the promotion of social and economic justice within the host country, on the other.
Since the first edition was published a number of landmark decisions have been produced by various international investment tribunals, calling for an update in what is a fast growing and rapidly changing investment environment. In addition, scholars and other actors, both non-governmental and inter-governmental, have responded to the agenda set by the first edition of this book; thus the second edition also reflects on the work of some of these major actors in the field.
This is perhaps the first book of its type authored by an international lawyer who has taught, researched and advised in both the developed and developing world over the past 25 years. The wealth of experience he brings to the task enables him to develop unique insights into the interplay between the law, economics and politics of foreign investment, making this book essential reading for students, scholars, practitioners and diplomats interested in the contemporary law of foreign investment. This edited volume presents a comprehensive and comparative view of the law of international watercourses with special reference to the issues facing the Ganges River basin.
It provides an analysis of the development of international It provides an analysis of the development of international waterways law and outlines the essentials of the UN Convention on non-navigational uses of international watercourses. Focusing on relations between the three riparian states of the River Ganges and the potential for cooperation, the volume also examines the domestic legal regimes of the area and the political dimension to the issues of sharing the waters of the river. The work presents a comparative picture with an analysis of developments in the Rhine and Mekong basins, comparing developments in the legal regimes of these areas with the experience of South Asia.
Presenting an up-to-date analysis of the current law and pointing the direction for future developments, this collection will be a valuable resource for academics, researchers and policy makers working in this area. Chapter in the book cited above looking at the relations between India and Nepal and the causes of the conflict and their resolution. Conflict Resolution , Nepal , and India.
Foreign Investment and Sustainable Development more. This text addresses a question in contemporary international economies: the design, structure and content of the legal and institutional framework within an increasingly globalized civil society and market economy. It is based on the It is based on the belief that liberalized global markets cannot be expected to provide the public goods required to secure the acquis communautaire for human rights worldwide, let alone to extend those rights to peoples hitherto deprived of their benefits. Scholars from Europe, America, Asia and Australia examine a variety of aspects of relevant state practice.
They combine "international social critique" of state practice with ideas for "social engineering", offering critical legal analysis and ideas about policy options for setting standards to induce legal change and development. Sustainable Development and Foreign Direct Investment. Economic activity, Professor Qureshi insists, is a visible manifestation of the human condition. The laws that regulate it and develop its norms must be deeply human. International economic law must be ever-vigilant in its efforts to International economic law must be ever-vigilant in its efforts to represent the economic needs of all strata of humanity.
It must not allow the cultural imperatives of any one group to predominate.
- Contemporary Issues in International Law:A Collection of the Josephine Onoh Memorial Lectures;
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To investigate the validity of this deeply-held conviction, in May Professor Qureshi and the University of Manchester School of Law brought together a conference of major IEL scholars to elicit as broad a diversity of perspectives as possible. This book, well-informed in its insight and far-reaching in its implications, grew out of that conference.
Issues and topics that arise in the course of the investigation include: globalisation and its institutions; the survival of the nation-state; the role of the International Court of Justice; sustainable development; developing countries and dispute settlement; developing countries and trade negotiations; regional integration; human rights and the "untouchability" of IEL; and the gender bias of basic IEL institutions and rules. There are also clear presentations of specifically Marxist and Islamic perspectives, and an analysis along lines of "fairness" as developed by Thomas Franck and John Rawls.
Perspectives in International Economic Law offers lawyers, economists, political scientists and policymakers a multifaceted, multidisciplinary approach to one of the most vitally important human endeavours of our time. While its immediate value and utility is apparent, the depth of clear thinking it evinces on every page will keep it current for many years to come. Qureshi, ed. International economic law.
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- Contemporary issues in international law : a collection of the Josephine Onoh Memorial Lectures.
The Seminar's distinguished panelists and The Seminar's distinguished panelists and participants focused on the settlement of international disputes over that most essential of natural resources water. They explored a range of questions: Which settlement mechanisms are most promising in the field of transboundary freshwater disputes? Is adjudication a suitable method of apportioning water rights which are vital not only to human life, but to the agriculture and industry of every nation on the planet?
Given the need for "win-win" solutions to most water disputes, are negotiation and regional cooperation the only realistic and viable methods for settling them? What is the potential role of conciliation, mediation, good offices and other ad hoc mechanisms? This volume also contains the United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses, a multilateral framework treaty dealing with transboundary freshwater, which provides a variety of tools such as the submission of disputes to fact-finding commissions for the peaceful resolution of water disputes.
International Law. Multinational Corporations and Human Rights more. Despite the existence of a wide range of human rights instruments and procedures, human rights violations still abound. The authors of this book address this so-called human rights deficit, and the possible responses to it, from various The authors of this book address this so-called human rights deficit, and the possible responses to it, from various disciplinary angles and mostly in the context of development.
They also present keys for redressing the human rights deficit. The role of law, and questions of universality, inclusion and exclusion are central themes in this book.
The need to take up civil and political rights and economic social and cultural rights on equal footing is recognized by several of the authors, and so is that of bridging the public-private divide. Specific contributions address among others the importance of human rights training and education, the role of NGO's in a globalizing world, minorities, gender and women's rights, accountability of multinational corporations, and the problem of human trafficking.
Human Rights and Multinational Corporations. The War on Terror and U. There is no trade-off between effective action against terrorism and the protection of human rights. On the contrary, I believe that in the long term we shall find that human rights, along with democracy and social justice, are one of the On the contrary, I believe that in the long term we shall find that human rights, along with democracy and social justice, are one of the best prophylactics against terrorism.
Domestic and international legal responses to the events of September 11, , are examined from a cross-cultural perspective, covering a broad range of topics including: What is 'terrorism? Did the attacks of September 11 mark a defining moment in the Post Cold War era? What responses may terrorism legitimately attract? What is the legal status of the detainees on Gauntanamo Bay? Have the national and international responses to the attacks of September 11 created new legal paradigms?
Human rights repercussions of September 11 with particular reference to the civil liberties implications of both international and national law and policy, is also addressed. In recognising the significant role international law can play in supporting the objectives of justice and sustainable development, Global Justice and Sustainable Development provides a wide-ranging analysis of some of the most In recognising the significant role international law can play in supporting the objectives of justice and sustainable development, Global Justice and Sustainable Development provides a wide-ranging analysis of some of the most fundamental challenges facing global society.
In particular, the volume seeks to consider the synergies between sustainable development and global justice — two notions that are simultaneously hugely important and, in equal measure, enormously contentious within both international law and international relations. Organized in a three-part structure, Global Justice and Sustainable Development revisits some of the basic assumptions on which the general principles are built, considers the implications for differing aspects of international law, and focuses on national and regional approaches. International Law and Sovereignty.
Chapter in the book cited above looking at the challenges faced by the World Bank and the International Monetary Fund in relation to the Human Rights agenda. Raj Kumar, D. Srivastava, eds. Although it is an improvement on the old GATT dispute settlement mechanism, it is quite different in Although it is an improvement on the old GATT dispute settlement mechanism, it is quite different in nature from other international mechanisms available for resolving international disputes between States.
Unlike other mechanisms, its rules and procedures, especially the provisions relating to the appellate body, follow the principles of common law rather than civil law. This mechanism is a blend of diplomacy, negotiation, mediation, arbitration and adjudication. It is neither fully judicial nor completely a non-judicial mechanism. However, this is not a perfect mechanism by any means. It is not free of constraints, deficiencies and some inherent weaknesses.
Critics argue that the Dispute Settlement Body DSB is not as effective as it appears to be on the surface especially when it comes to enforcing the rulings of the DSB against major powers. They also argue that it does not provide effective remedy for those non-State business actors which suffer from injustices and distortions in international trade.
It is in this context that this research project aims to examine the framework of the dispute settlement system within the WTO and explore its weaknesses and ways to overcome them.
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White, eds. Since and within a remarkably short period of time, sustainable development has been endorsed and recognised in a number of instruments of international law. Thus, it is incorporated in various environmental treaties as well as in international fisheries agreements, the Agreement Establishing the World Trade Organisation WTO and EU law. Sustainable development and related concepts also feature in a number of international judicial decisions of the s, for example those of the International Court of Justice and the WTO Appellate Body.
The chapters assembled in this book illustrate various aspects of efforts of policy makers, regional and national interest groups to invoke and rely upon international law for the realisation of the objective of sustainable development. They deal in particular with recent examples of the practice of states and of relevant international organisations, especially in such areas as international trade, foreign investment regulation, human rights and natural resources and waste management.
Furthermore, some chapters are dedicated to a review of relevant practice at the regional and national level. The debate over the nature and future of the United Nations began before its inception in , and is likely to continue far into its second half-century. The purpose of this collection is to examine something generally ignored in the The purpose of this collection is to examine something generally ignored in the debate, even in the professional literature: what the United Nations actually does.
The volume consists of original, authoritative, critical analyses of a sampling of key UN activities. In addition to their credentials in their own specialties, most contributors have extensive UN experience as staff members, delegates or consultants. Most are international lawyers and the others have a wide variety of backgrounds. They come from 12 countries. Each chapter stands on its own as a significant contribution to our understanding of both the subject and the quiet, undramatic but vital worldwide work of the United Nations.
Students, scholars, and other researchers involved with the United Nations and other intergovernmental organizations will find this work of particular interest. The International Law of the Sea more. Text book exploring the laws and customary rules in international law surrounding the sea. International Law and Law of the Sea. Although it is commonly asserted that enhanced citizen participation results in better environmental policy and improved enforcement of environmental standards, this hypothesis has rarely been subject to testing on a comparative basis Although it is commonly asserted that enhanced citizen participation results in better environmental policy and improved enforcement of environmental standards, this hypothesis has rarely been subject to testing on a comparative basis.
The contributors to this book set out to study the extent to which citizens can and do exert influence over their urban environments through the legal and extra-legal 'gateways' in eleven countries spanning several continents as well as different climates, levels and type of economic development, and national legal and constitutional systems, as well as exhibiting a different set of environmental problems. One interviewee questioned about access to environmental justice, dryly remarked that in his city there was no environment, no justice and no access to either. Yet this view, as will be seen, requires to be nuanced.
While few people will be surprised by the finding that legal gateways to environmental justice are largely ineffective, the reasons for this are revealing; but also the richness of detail and the comparisons between the different countries, and also the positive aspects which surfaced in several instances, were indeed both encouraging and sometimes surprising.
This book presents the first comparative survey of access to environmental justice, and will be of considerable use to lawyers, policy-makers, activists and scholars who are concerned with the environmental issues which so profoundly affect and afflict our habitat and conditions of social justice throughout the world.
Nepal and International Environmental Law. The U. Monterrey International Conference on Financing for Development more. The Post Conference Daily Calendar provides links to all information from the plenaries, roundtables, side events and The Post Conference Daily Calendar provides links to all information from the plenaries, roundtables, side events and press conferences. This first United Nations-hosted conference to address key financial and development issues attracted 50 Heads of State or Government, over ministers as well as leaders from the private sector and civil society, and senior officials of all the major intergovernmental financial, trade, economic, and monetary organizations.
Their statements to the plenaries in text and in video and the Monterrey Consensus provide a picture of the new global approach to financing development. The Monterrey Conference also marked the first quadripartite exchange of views between governments, civil society, the business community, and the institutional stakeholders on global economic issues. These global discussions involved over participants in twelve separate roundtables.
The Co-Chairs of the roundtables -- heads of governments, the heads of the World Bank, International Monetary Fund, the World Trade Organization and the regional development banks, as well as ministers of finance, trade, and foreign affairs -- prepared summaries of the major ideas raised in the discussions. There is an apprehension in the democratic world about the possible impact of the economic rise of China on the UN human rights agenda. Although Communist China has embraced capitalism by liberalising its economy, by joining the WTO and Although Communist China has embraced capitalism by liberalising its economy, by joining the WTO and by recognising private entrepreneurship and the right to private property, it has not been an enthusiastic partner when it comes to promoting and protecting human rights.
This article examines China's approach to human rights both within and outside of the UN and whether China's rise as a major economic power poses a threat or offers an opportunity to the international human rights system led by the UN. In doing so, it considers how China is changing in terms of its approach to the rule of law, democracy and human rights and why it needs to become a willing and enthusiastic player within the UN system to promote and protect human rights.
The author concludes that China will not pose a threat to the UN human rights agenda. One way or the other, the only way forward for China is to embrace the rule of law, and this will in turn entail respect for human rights. Thus, there is an opportunity for the UN to introduce human rights law and jurisprudence developed by the UN treaty bodies to the Chinese legal and constitutional system. International Human Rights Law and China.
On 13 June the World Trade Organisation WTO adopted a report issued by its Appellate Body ruling that United States rules regarding the labeling of tuna products needed to be brought into compliance with global trade rules. It marked the conclusion of another phase in a dispute that had been raised under the GATT and one that has been simmering for more than 20 years. This made the case a test in relation to the handling of trade and environment concerns through a dispute process in the WTO relating to the TBT Agreement.
The chapter touches on the mechanism for the settlement of disputes arising out of the implementation and interpretation The chapter touches on the mechanism for the settlement of disputes arising out of the implementation and interpretation of the provisions of a treaty is an important part of any international treaty. This is especially true of the Convention on the Law of the Sea, which deals with so many complex issues concerning the governance of the seas and oceans that cover more than two-thirds of the globe.
It deals with more or less every aspect of human activity in the seas and oceans of the world — these covering two-thirds of the area of planet earth. Equally elaborate, innovative and sophisticated is its dispute settlement mechanism designed to resolve different kinds of maritime disputes between States. Accordingly, this Chapter is designed to examine the background to the mechanism established by the Convention for the settlement of disputes concerning the matters covered by it, asses the nature and scope of the mechanism, comparing and contrasting it with other international dispute settlement mechanisms, and analyse how effective it has been in resolving disputes between States in order to maintain law and order in the seas and oceans around the globe.
Koroma, Although it is an improve-ment on the old GATT dispute settlement mechanism, it is quite different in nature from other international Although it is an improve-ment on the old GATT dispute settlement mechanism, it is quite different in nature from other international mechanisms available for resolving international disputes between States. Unlike other mecha-nisms, the rules and procedures of this mechanism, especially the provi-sions relating to the appellate body, follow the principles of common law rather than civil law.
White, In the realm of human rights, the use of experts is widespread, especially within the United Nations UN system of human rights. According to McCrudden: "The debates about the extent to which human rights should play a central role in government decision-making can be seen to involve a clash of two different epistemic communities: one involving primarily professional administrators, and one involving those primarily with a human rights perspective. The latter often regard including the former in human rights interpretation as dangerous. The international human rights experts that operate within these Special Procedures interact with professional administrators or politicians, who are not necessarily human rights experts, in order to further the realization of human rights and thus operate within the tension signalled by McCrudden.
Kofi Annan, the then Secretary-General of the UN, in a speech to the UN Human Rights Council in November , also pointed to the tension between distinct epistemic communities in the context of the realization of the rule of law. India is the largest source of foreign investment in Nepal and its largest trading partner. Owing to the internal political problems in Nepal and harassment of some Indian businesses by the Maoist rebels during the Maoist insurgency in Owing to the internal political problems in Nepal and harassment of some Indian businesses by the Maoist rebels during the Maoist insurgency in , India sought to conclude a bilateral investment protection treaty with Nepal in order to ensure a higher level of protection for Indian investors in Nepal than currently existed.
For its part, Nepal also realized that such a treaty would instil confidence in Indian businesses and thus encourage more to invest in Nepal. With this mutuality of interests in mind, India and Nepal signed a new Bilateral Investment Promotion and Protection Agreement in Many of its provisions represent a new trend in State practice with regard to the conclusion of bilateral investment treaties, including a flexible and innovative international mechanism for resolution of investment disputes.
Therefore, the India-Nepal treaty is of significance in the evolution of international investment law. The author concludes that it would be helpful in instilling confidence in foreign investors to invest in a least-developed country with its internal political problems, and in assuring that their investment will be safe regardless of the internal politics or public posturing by politicians to win votes. It includes not only an analysis pertaining to agro-industry for example, rubber, sugar, acacia, and cassava plantations , but also to concessions for mining, oil and gas, forestry, and concessions for the purposes of tourism, property development, and large scale development projects, such as hydropower dams.
The situation in Cambodia is a particularly interesting one. At the outset, it should be noted that historical circumstances, including policies of the Khmer Rouge regime, have led to the proliferation of land disputes that the government is trying to manage. It should also be noted that Cambodia as a developing country may wish to utilize its land and natural resources in order for the country to develop and become more prosperous.
Advisory Services and Technical Assistance for Cambodia more. The present Special Rapporteur was appointed with effect from 1 May and he undertook his first mission to Cambodia a month later, from The present Special Rapporteur was appointed with effect from 1 May and he undertook his first mission to Cambodia a month later, from 16 to 26 June Given the lack of time to conduct an in-depth assessment of the situation of human rights in the country so as to be able to report about it in a credible manner, the Special Rapporteur decided that he would focus his first mission on familiarizing himself with the complex realities of the country, to re-establish conditions for a fruitful dialogue with the Government on human rights issues of concern, and to look for ways to strengthen cooperation between the Government, civil society representatives and the international community around these issues.
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