Screen LibraryResistance and change in the international law on foreign investment /
"Since the 1990s, conflicts within international law on foreign investment have arisen as a result of several competing interests. The neoliberal philosophy ensured inflexible investment protection given by a network of investment treaties interpreted in an expansive manner, which led to states...
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| Main Authors: | |
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| Published: |
Cambridge University Press,
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| Publisher Address: | United Kingdom : |
| Publication Dates: | 2015. |
| Literature type: | Book |
| Language: | English |
| Subjects: | |
| Summary: |
"Since the 1990s, conflicts within international law on foreign investment have arisen as a result of several competing interests. The neoliberal philosophy ensured inflexible investment protection given by a network of investment treaties interpreted in an expansive manner, which led to states creating regulatory space over foreign investment. However, NGOs committed to single causes such as human rights and the environment protested against inflexible investment protection. The rise to prominence of arguments against the fragmentation of international law also affected the development of investment law as an autonomous regime. These factors have resulted in some states renouncing the system of arbitration and other states creating new treaties which undermine inflexible investment protection. The treaty-based system of investment protection has therefore become tenuous, and change has become inevitable. Emphasising the changes resulting from resistance to a system based on neoliberal foundations, this study looks at recent developments in the area"-- "This book brings together some of the views that I have stated over the years in different papers published in journals. An alternative interpretation of international investment law developed in those papers finds a more complete statement in this book"-- |
| Carrier Form: | xx, 452 pages ; 24 cm |
| Bibliography: | Includes bibliographical references (pages 421-437) and index. |
| ISBN: |
9781107096622 1107096626 |
| Index Number: | K3830 |
| CLC: | D996.4 |
| Call Number: | D996.4/S714-2 |
| Contents: |
The precursor of neoliberalism : the internationalization of foreign investment contracts -- Creating jurisdiction beyond consent -- The emasculation of expropriation -- Fair and equitable treatment : conserving relevance -- Backlash through defences -- The search for balance -- Resistance and change in international investment law. |