Environmental, Social and Economic Development Provisions in Investment Contracts

Environmental, Social and Economic Development Provisions in Investment Contracts PDF Author: Motoko Aizawa
Publisher:
ISBN: 9781849291965
Category :
Languages : en
Pages : 148

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Book Description
This book provides detailed guidance for government drafters and reviewers of investment contracts in the Commonwealth to achieve fairness and balance in investment relationships with respect to environmental, social and economic development matters.

Environmental, Social and Economic Development Provisions in Investment Contracts

Environmental, Social and Economic Development Provisions in Investment Contracts PDF Author: Motoko Aizawa
Publisher:
ISBN: 9781849291965
Category :
Languages : en
Pages : 148

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Book Description
This book provides detailed guidance for government drafters and reviewers of investment contracts in the Commonwealth to achieve fairness and balance in investment relationships with respect to environmental, social and economic development matters.

Investment Contracts and Sustainable Development

Investment Contracts and Sustainable Development PDF Author: Lorenzo Cotula
Publisher: IIED
ISBN: 1843697653
Category : Conservation of natural resources
Languages : en
Pages : 115

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Book Description


Stabilization Clauses in International Investment Law

Stabilization Clauses in International Investment Law PDF Author: Jola Gjuzi
Publisher: Springer
ISBN: 3319972324
Category : Law
Languages : en
Pages : 545

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Book Description
This book analyzes the tension between the host state’s commitment to provide regulatory stability for foreign investors – which is a tool for attracting FDI and generating economic growth – and its evolving non-economic commitments towards its citizens with regard to environmental protection and social welfare. The main thesis is that the ‘stabilization clause/regulatory power antinomy,’ as it appears in many cases, contradicts the content and rationale of sustainable development, a concept that is increasingly prevalent in national and international law and which aims at the integration and balancing of economic, environmental, and social development. To reconcile this antinomy at the decision-making and dispute settlement levels, the book employs a ‘constructive sustainable development approach,’ which is based on the integration and reconciliation imperatives of the concept of sustainable development as well as on the application of principles of law such as non-discrimination, public purpose, due process, proportionality, and more generally, good governance and rule of law. It subsequently re-conceptualizes stabilization clauses in terms of their design (ex-ante) and interpretation (ex-post), yielding stability to the benefit of foreign investors, while also mitigating their negative effects on the host state’s power to regulate.

Integrating Sustainable Development Into International Investment Agreements

Integrating Sustainable Development Into International Investment Agreements PDF Author: John Anthony VanDuzer
Publisher: Commonwealth Secretariat
ISBN: 1849290865
Category : Business & Economics
Languages : en
Pages : 605

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Book Description
This Guide is designed to assist developing countries to negotiate International Investment Agreements (IIAs) that are more effective in promoting their sustainable development. A useful reference tool for developing country negotiators and interested parties.

International Investment Law and Development

International Investment Law and Development PDF Author: Stephan W. Schill
Publisher: Edward Elgar Publishing
ISBN: 1784711357
Category : LAW
Languages : en
Pages : 488

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Book Description
International investment law has often been seen as an obstacle to sustainable development. While the connections between investment and development are plain, for a long time there has been relatively little scholarship exploring them. Combining critical reflection and detailed analysis, this book addresses the relationship between contemporary investment law and development. The book is organized around two competing visions of investment and development - as working either harmoniously or in conflict with one another. The expert contributors reflect on both of these views and analyse the social dimensions of development and its impact on investment law. Coverage includes in-depth discussion on such issues as human rights, poverty reduction, labor standards, and indigenous peoples. Students and scholars of international investment law will benefit from the informed analysis of the links between investment and development. This book will also be of use to practitioners and experts of development law who are looking for an up-to-date perspective of the field.

International Trade, Investment, and the Sustainable Development Goals

International Trade, Investment, and the Sustainable Development Goals PDF Author: Cosimo Beverelli
Publisher: Cambridge University Press
ISBN: 1108840884
Category : Business & Economics
Languages : en
Pages : 345

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Book Description
A multi-disciplinary investigation of how economic globalization can help achieve the UN's 2030 Agenda, exploring trade-offs among the Goals.

Integrating Sustainable Development in International Investment Law

Integrating Sustainable Development in International Investment Law PDF Author: Manjiao Chi
Publisher: Routledge
ISBN: 1317284224
Category : Business & Economics
Languages : en
Pages : 191

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Book Description
The current international investment law system is insufficiently compatible with sustainable development. To better address sustainable development concerns associated with transnational investment activities, international investment agreements should be made more compatible with sustainable development. Integrating Sustainable Development in International Investment Law presents an important systematic study of the issue of sustainable development in the international investment law system, using conceptual, normative and governance perspectives to explore the challenges and possible solutions for making international investment law more compatible with sustainable development. Chi suggests that to effectively address the sustainable development concerns associated with transnational investment activities, the international investment agreements system should be reformed. Such reform should feature redesigning the provisions of the agreements, improving the structure of international investment agreements, strengthening the function of soft law, engaging non-state actors and enhancing the dispute settlement mechanism. The book is primarily aimed at national and international treaty and policy-makers, lawyers and scholars. It is also suitable for graduate students studying international law and policy-making.

Foreign Direct Investment and Sustainable Development in International Investment Governance

Foreign Direct Investment and Sustainable Development in International Investment Governance PDF Author: Economic and Social Commission for Asia and the Pacific
Publisher: United Nations
ISBN: 9210048369
Category : Political Science
Languages : en
Pages : 132

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Book Description
Foreign direct investment (FDI) is a principal means of financing the 2030 Agenda for Sustainable Development and the corresponding 17 Sustainable Development Goals. FDI’s potential contributions to sustainable development in Asia-Pacific can only be realized if the right conditions and policies are in place and if both the quantity and quality of FDI to, from, and within the region increase. This requires not only identifying and prioritizing FDI projects in key sustainable development sectors - such as renewable energy, education, health, water and sanitation, etc. - but also developing and operationalizing FDI policies and legal and regulatory frameworks at national and international levels that maximize the sustainable development potential of FDI in local economies. This publication sets explores the latter point further by focusing on two emerging and important issues related to international investment governance: sustainable development-orientation in international investment agreements (IIA) and the coherence between IIAs and national investment laws in Asia-Pacific. This publication comprises of three chapters. The first chapter sets the scene analyses recent FDI trends, both in terms of flows of inward and outward investment as well as FDI policymaking and international investment governance; the second chapter provides an in depth analysis of the extent to which the bilateral investment treaties of Asia-Pacific least developed countries and landlocked developing countries are oriented towards sustainable development; and, the third and final chapter examines the extent of coherence between the IIA regimes and national frameworks for investment in Thailand and Viet Nam. The chapters in this publication offer promising signs that the momentum for and political will to reform the IIA regime to make it more sustainable development-oriented and coherent are picking up, and ESCAP stands ready to further support its member States in their efforts to achieve both.

ADB International Investment Agreement Tool Kit

ADB International Investment Agreement Tool Kit PDF Author: Tom Kirchmaier
Publisher: Asian Development Bank
ISBN: 9292628380
Category : Computers
Languages : en
Pages : 160

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Book Description
International investment agreements (IIAs) are important in attracting foreign direct investment, and they are becoming more numerous, varied, and complex. To help policymakers, businesses, and researchers compare and analyze agreements and their implications, the Asian Development Bank (ADB) has created an online database of concluded IIAs involving the Asia and Pacific region. The ADB IIA Tool Kit codifies 15 key investment provisions and includes bilateral investment treaties and investment chapters of free trade agreements. This publication introduces the tool kit and provides a comprehensive analysis of investment treaties and arbitration design.

Revisiting Privatization, Foreign Investment, International Arbitration, and Water

Revisiting Privatization, Foreign Investment, International Arbitration, and Water PDF Author: Miguel Solanes
Publisher: UN
ISBN: 9789211216622
Category : Arbitration (International law)
Languages : en
Pages : 82

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Book Description
A subject relevant to the governance of water resources and public services is the effect that international trade and investment agreements may have on national capacities to manage natural resources and to regulate public services. The region has yet to assess the consequences that international investment agreements may have on the economic, social and environmental sustainability and efficiency of natural resources utilization and provision of public services. The report discusses the urgent need to begin a process of systemizing principles the duties of those investing in water-related activities, especially public services.