Intended Audience
Scholarly & Professional
LCCN
2015-951219
Dewey Edition
23
Reviews
Hindelang and Krajewskis collection masterfully guides the reader through the intricate maze of the interaction between investment law and sustainable development from a variety of perspectives ranging from regional outlooks to theoretical analyses of the implications involving general international law. Accordingly, it is expected that the collection will be of great help to those researching the topic now a classic in its own right, though, as the collectiondemonstrates, a multi-faceted and unsettled one in academia, policy, and private practice., "The book analyses how the investment treaty regime has changed and how it ought to be changing to reconcile private property interests and the state's duty to regulate in the public interest. The individual chapters address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America." -- H. W. Micklitz, Journal of Consumer Policy
Dewey Decimal
346/.092
Table Of Content
Introductory Observations, Steffen Hindelang and Markus KrajewskiI. Investment Protection and Sustainable Development: Key Issues, Giorgio SacerdotiII. Negotiating New Generation International Investment Agreements: New Sustainable Development Oriented Initiatives, Peter MuchlinskiIII. Revising Treatment Standards: Fair and Equitable Treatment in Light of Sustainable Development, Roland KlagerIV. Expropriation in the Light of the UNCTAD Investment Policy Framework for Sustainable Development, Lukas Stifter and August ReinischV. Investor-State Dispute Settlement and Sustainable Development: Modest Reform, Jonathan KetchesonVI. The EC and UNCTAD Reform Agendas: Do They Ensure Independence, Openness, and Fairness in Investor-State Arbitration, Gus Van HartenVII. Sustainable Development Provisions in International Trade Treaties: What Lessons for International Investment Agreements?, J. Anthony VanDuzerVIII. Reconciling Investment Protection and Sustainable Development: A Plea for an Interpretative U-Turn, Katharina BernerIX. Investment Protection and Sustainable Development: What Role for the Law of State Responsibility, Helmut Philipp AustX. Termination and Renegotiation of International Investment Agreements, Karsten NowrotXI. The Emergence of a New Approach to Investment Protection in South Africa, Sean WoolfreyXII. Reliance on Alternative Methods for Investment Protection through National Laws, Investment Contracts, and Regional Institutions in Latin America, Maria LuqueXIII. Jumping Back and Forth between Domestic Courts and ISDS: Mixed Signals from the Asia-Pacific Region, Leon E. Trakman and Kunal SharmaXIV. The 'Generalization' of International Investment Law in Constitutional Perspective, Peter-Tobias Stoll and Till HolterhusXV. The Contribution of EU Trade Agreements to the Development of International Investment Law, Frank HoffmeisterConcluding Remarks, Steffen Hindelang and Markus Krajewski
Synopsis
International investment law is in transition. Whereas the prevailing mindset has always been the protection of the economic interests of individual investors, new developments in international investment law have brought about a paradigm shift. There is now more than ever before an interest in a more inclusive, transparent, and public regime. Shifting Paradigms in International Investment Law addresses these changes against the background of the UNCTAD framework to reform investment treaties. The book analyses how the investment treaty regime has changed and how it ought to be changing to reconcile private property interests and the state's duty to regulate in the public interest. In doing so, the volume tracks attempts in international investment law to recalibrate itself towards a more balanced, less isolated, and increasingly diversified regime. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers., International investment law is in transition. Whereas the prevailing mindset has always been the protection of the economic interests of individual investors, new developments in international investment law have brought about a paradigm shift. There is now more than ever before an interest in a more inclusive, transparent, and public regime. Shifting Paradigms in International Investment Law addresses these changes against the background of the UNCTAD framework to reform investment treaties. The book analyses how the investment treaty regime has changed and how it ought to be changing to reconcile private property interests and the state's duty to regulate in the public interest. In doing so, the volume tracks attempts in international investment law to recalibrate itself towards a more balanced, less isolated, and increasingly diversified regime. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from South Africa and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers., In light of the controversies surrounding the impact of investment treaties and arbitration, this book reflects on the major changes in the area of international investment law.
LC Classification Number
K3830
