Driven by public opinion in host states, contracting parties to investment agreements are pursuing many avenues in order to curb a system that is being perceived - correctly or not - as having run out of control. Reassertion of Control over the Investment Treaty Regime is the first book of its kind to examine the many issues of procedure, substantive law, and policy which arise from this trend. From procedural aspects such as frivolous claims mechanisms, the establishment of appeals mechanism or state-state arbitration, to substantive issues such as joint interpretations, treaty termination or detailed definitions of standards of protection, the book identifies and discusses the main means by which states do or may reassert their control over the interpretation and application of investment treaties. Each chapter tackles one of these avenues and evaluates its potential to serve as an instrument in states' reassertion of control.
As the proverbial workhorse of international economic law, investment arbitration is heavily relied upon around the globe. It has to cope with the demands of increasingly complex proceedings. At the same time, investment arbitration has come under close public scrutiny in the midst of heated political debate. Both of these factors have led to the field of investment protection being subject to continuous changes. Therefore, it presents an abundance of challenges in its interpretation and application. While these challenges are often deeply rooted in the doctrinal foundations of international law, they similarly surface during live arbitral proceedings. International Challenges in Investment Arbitration serves not only as a collection of recently debated issues in investment law; it also deals with the underlying fundamental questions at the intersection of investment arbitration and international law. The book is the product of the 1st Bucerius Law Journal Conference on International Investment Law & Arbitration. It combines the current state of knowledge, new perspectives on the topic as well as practical issues and will be of interest to researchers, academics and practitioners in the fields of international investment law, international economic law, regulation and comparative law.
Traditionally, international investment law was conceptualised as a set of norms aiming to ensure good governance for foreign investors, in exchange for their capital and know-how. However, the more recent narratives postulate that investment treaties and investor–state arbitration can lead to better governance not just for foreign investors but also for host state communities. Investment treaty law can arguably foster good governance by holding host governments liable for a failure to ensure transparency, stability, predictability and consistency in their dealings with foreign investors. The recent proliferation of such narratives in investment treaty practice, arbitral awards and academic literature raises questions as to their juridical, conceptual and empirical underpinnings. What has propelled good governance from a set of normative ideals to enforceable treaty standards? Does international investment law possess the necessary characteristics to inspire changes at the national level? How do host states respond to investment treaty law? The overarching objective of this monograph is to unpack existing assumptions concerning the effects of international investment law on host states. By combining doctrinal, empirical, comparative analysis and unveiling the emerging 'nationally felt' responses to international investment norms, the book aims to facilitate a more informed understanding of the present contours and the nature of the interplay between international investment norms and national realities.
This book focuses on the Asia-Pacific region, delineating the evolving dynamics of foreign investment in the region. It examines the relationship between efforts to increase foreign direct investment (FDI) and efforts to improve governance and inclusive growth and development. Against a background of rapidly developing international investment law, it emphasises the need to strike a balance between these domestic and international legal frameworks, seeking to promote both foreign investment and the laws and policies necessary to regulate investments and investor conduct. Foreign investments play a pivotal role in most countries’ political economies, and in order to encourage cross-border capital flows, countries have taken various steps, such as revising their domestic legal frameworks, liberalising rules on inward and outward investment, and creating special regimes that provide incentives and protections for foreign investment. Alongside the developments in domestic laws, countries have also taken bilateral and multilateral action, including entering into trade and/or investment agreements. Further, the book explores regional investment trends, highlights specific features of Asia-Pacific investment laws and treaties, and analyses policy implications. It addresses four overarching themes: the trends (how Asia-Pacific’s agreements compare with recent global trends in the evolving rules on foreign investment); what China is doing; current investment arbitration practice in Asia; and the importance of regionalising investment law in the Asia-Pacific region. In addition, it identifies and discusses the research and policy gaps that should be filled in order to promote more sustainable and responsible investment. The book offers a valuable resource not only for academics and students, but also for trade and investment officials, policy-makers, diplomats, economists, lawyers, think tanks, and business leaders interested in the governance and regulation of foreign investment, economic policy reforms, and the development of new types of investment agreements.
This book offers a systematic study of the interpretation of investment-related treaties – primarily bilateral investment treaties, the Energy Charter Treaty, Chapter XI NAFTA as well as relevant parts of Free Trade Agreements. The importance of interpretation in international law cannot be overstated and, indeed, most treaty claims adjudicated before investment arbitral tribunals have raised and continue to raise crucial and often complex issues of interpretation. The interpretation of investment treaties is governed by the Vienna Convention on the Law of Treaties (VCLT). The disputes relating to these treaties, however, are rather peculiar as they place multinational companies (or natural person) in opposition to sovereign governments. Fundamental questions dealt with in the study include: Are investment treaties a special category of treaty for the purpose of interpretation? How have the rules on interpretation contained in the VCLT been applied in investment disputes? What are the main problems encountered in investment-related disputes? To what extent are the VCLT rules suited to the interpretation of investment treaties? Have tribunals developed new techniques concerning treaty interpretation? Are these techniques consistent with the VCLT? How can problems relating to interpretation be solved or minimised? How creative have arbitral tribunals been in interpreting investment treaties? Are States capable of keeping effective control over interpretation?
The classic text on the Treaty of Versailles and post war Europe
Author: John Maynard Keynes
Publisher: Harriman House Limited
Category: Business & Economics
An attendee at the ill-fated Versailles Conference, John Maynard Keynes had a front-row seat for the negotiations that would squander a peace and sew discord across a continent. One of his best-written works, 'The Economic Consequences of the Peace' was key in propelling Keynes to prominence. Published in 1919, it gained notoriety owing to its withering portraits of both French premier Georges Clemenceau and US president Woodrow Wilson. A best seller throughout the world, it was instrumental in creating the perception of the Germans as unfairly treated after the First World War. This in turn was crucial in prompting public support for appeasement, so that both the Treaty - and his eloquent criticisms of it - form a key part of the background to both World Wars I and II.
This newly revised and updated second edition is the classic economic and political account of the origins of the European Community. On one level it is an original analysis of the forces which brought the EC together, on another it is an explanation based on historical analysis of the future relationship between nation-state and the European Union. Combining political with economic analysis, and based on extensive primary research in several countries, this book offers a challenging interpretation of the history of the western European state and European integration.
The strengths of international investment law - above all, a strong focus on investor interests and an effective adjudication and enforcement system - also entail its weaknesses: it runs the danger of impeding or even sanctioning the host states' legitimate regulatory interests and ignoring other fields of public international law. How does it cope with public interest concerns such as human rights, the environment or the fight against corruption? At the heart of this book lies a fresh approach towards a general theory of such global public interest considerations in the investment realm. Delineating how and why those considerations matter, and why the current system does not accommodate them properly, Andreas Kulick fleshes out general principles and customary international law as defences the host state may raise against alleged investor rights infringements and promotes proportionality as the appropriate balancing mechanism.
In the field of investment treaty arbitration, the co-existence of contracts and treaties has generated an increasingly divided jurisprudence on central aspects of treaty interpretation. This book comprehensively examines the legal problems surrounding the relationship of these two instruments. ?????
The right of transit passage in straits and the analogous right of archipelagic sealanes passage in archipelagic states, negotiated in the 1970s and embodied in the 1982 UNCLOS, sought to approximate the freedom of navigation and overflight while expressly recognising the sovereignty or jurisdiction of the coastal state over the waters concerned. However, the allocation of rights and duties of the coastal state and third states is open to interpretation. Recent developments in state practice, such as Australia's requirement of compulsory pilotage in the Torres Strait, the bridge across the Great Belt and the proposals for a bridge across the Strait of Messina, the enhanced environmental standards applicable in the Strait of Bonifacio and Canada's claims over the Arctic Route, make it necessary to reassess the whole common law of straits. The Legal Regime of Straits examines the complex relationship between the coastal state and the international community.
Investment treaty arbitration has a hybrid nature combining public international law (as regards its substance) with elements of international commercial arbitration (mainly as regards procedure). However, in essence and function it deals with a special, internationalised form of judicial review of governmental conduct that is more akin to the judicial control of governmental action provided for by national administrative and constitutional law than to either classic inter-state dispute resolution or international commercial arbitration. This has been recognised in some academic writing and several awards, where reference to national administrative law concepts and principles of international law-based judicial review of governmental action, such as international trade or human rights law, is used to help specify and apply the open-ended concepts of investment treaties. In-depth conceptualization is however often lacking. The current study is the first, pioneering effort to bring these under-developed ad hoc references to comparative and international administrative law concepts into a deeper theoretic and systematic framework. The book thus intends to develop a 'bridge' between treaty-based international investment arbitration and comparative administrative law on both a theoretical and practical level. The major obligations in investment treaties (indirect expropriation, fair and equitable treatment, national treatment, umbrella/sanctity of contract clause) and major procedural principles will be compared with their counterpart in comparative public law, both on the domestic as well as international level. That 'bridge' will allow international investment law to benefit from the comparative public law experience, which could enhance its legitimacy, its political acceptance, and its ability to develop more finely-tuned interpretations of central treaty obligations.
To Destroy Europe, Divide NATO, and Restore Russian Power and Global Influence
Author: Douglas E. Schoen
Publisher: Encounter Books
Category: Political Science
Vladimir Putin has a master plan to destroy Europe, divide NATO, reclaim Russian influence in the world, and most of all to marginalize the United States and the West in order to achieve regional hegemony and global power. Putin’s unified strategy and vision for Europe has not been thoroughly discussed or articulated in any meaningful way until now. Putin’s Master Plan is the first comprehensive attempt to systematically explain Putin’s global strategy, which could inevitably and inexorably lead to the breakup of the NATO alliance, and potentially to war with the West. Currently, the West has no strategy, no plan, and no tactics to confront Putin’s master plan other than imposing limited economic sanctions, which have done little to deter Putin's aggression—and may well have encouraged and facilitated it. The viewpoint taken here is not just alarmism, but an accurate and, for the first time, clear and sober portrayal of a frightening situation that, more and more, serious observers of European and Russian politics are openly recognizing and acknowledging. Putin’s Master Plan makes the case that it is essential to wake up to Putin’s strategy to destroy Europe, divide NATO, and build a new empire in the former Soviet Union. Russia has demonstrated an extraordinary level of aggression, most boldly in its outright invasions of Georgia and Ukraine. American weakness and a divided Europe have left Russia’s terrified neighbors without an alternative to Russian domination, and even once-stalwart American allies such as the Republic of Georgia are on the brink of becoming part of Putin’s new empire in Europe. Putin has made it clear that he sees NATO expansion as a fundamental threat to Russian nationhood, and he is systematically challenging the NATO Alliance as well as the United States. So far, he is winning.
How the Chinese Ended the Era of Western Domination
Author: Robert Bickers
Publisher: Harvard University Press
China’s new nationalism is rooted not in its present power but in shameful memories of its former weaknesses. Invaded, humiliated, and looted by foreign powers in the past, China looks out at the twenty-first century through the lens of the past two centuries. History matters deeply to Beijing’s current rulers, and Robert Bickers explains why.
Reflections on Popular Politics in Most of the World
Author: Partha Chatterjee
Publisher: Columbia University Press
Category: Political Science
Often dismissed as the rumblings of "the street," popular politics is where political modernity is being formed today, according to Partha Chatterjee. The rise of mass politics all over the world in the twentieth century led to the development of new techniques of governing population groups. On the one hand, the idea of popular sovereignty has gained wide acceptance. On the other hand, the proliferation of security and welfare technologies has created modern governmental bodies that administer populations, but do not provide citizens with an arena for democratic deliberation. Under these conditions, democracy is no longer government of, by, and for the people. Rather, it has become a world of power whose startling dimensions and unwritten rules of engagement Chatterjee provocatively lays bare. This book argues that the rise of ethnic or identity politics—particularly in the postcolonial world—is a consequence of new techniques of governmental administration. Using contemporary examples from India, the book examines the different forms taken by the politics of the governed. Many of these operate outside of the traditionally defined arena of civil society and the formal legal institutions of the state. This book considers the global conditions within which such local forms of popular politics have appeared and shows us how both community and global society have been transformed. Chatterjee's analysis explores the strategic as well as the ethical dimensions of the new democratic politics of rights, claims, and entitlements of population groups and permits a new understanding of the dynamics of world politics both before and after the events of September 11, 2001. The Politics of the Governed consists of three essays, originally given as the Leonard Hastings Schoff Lectures at Columbia University in November 2001, and four additional essays that complement and extend the analyses presented there. By combining these essays between the covers of a single volume, Chatterjee has given us a major and urgent work that provides a full perspective on the possibilities and limits of democracy in the postcolonial world.
The Responses of U.S. Allies and Security Partners in East Asia to China's Rise
Author: Evan S. Medeiros
Publisher: Rand Corporation
Category: Political Science
China1s importance in the Asia-Pacific has been on the rise, raising concerns about competition the United States. The authors examined the reactions of six U.S. allies and partners to China1s rise. All six see China as an economic opportunity. They want it to be engaged productively in regional affairs, but without becoming dominant. They want the United States to remain deeply engaged in the region.
International treaties, conventions, and organizations to protect refugees were established in the aftermath of World War II to protect people escaping targeted persecution by their own governments. However, the nature of cross-border displacement has transformed dramatically since then. Such threats as environmental change, food insecurity, and generalized violence force massive numbers of people to flee states that are unable or unwilling to ensure their basic rights, as do conditions in failed and fragile states that make possible human rights deprivations. Because these reasons do not meet the legal understanding of persecution, the victims of these circumstances are not usually recognized as “refugees,” preventing current institutions from ensuring their protection. In this book, Alexander Betts develops the concept of “survival migration” to highlight the crisis in which these people find themselves. Examining flight from three of the most fragile states in Africa—Zimbabwe, the Democratic Republic of Congo, and Somalia—Betts explains variation in institutional responses across the neighboring host states. There is massive inconsistency. Some survival migrants are offered asylum as refugees; others are rounded up, detained, and deported, often in brutal conditions. The inadequacies of the current refugee regime are a disaster for human rights and gravely threaten international security. In Survival Migration, Betts outlines these failings, illustrates the enormous human suffering that results, and argues strongly for an expansion of protected categories.
About the IAI Series on International Arbitration: The IAI (International Arbitration Institute) Series on International Arbitration is a publication focusing on topical questions of international arbitration discussed at conferences organized by the IAI. About the IAI: The International Arbitration Institute (IAI) is an organization created under the auspices of the Comité Français de l'Arbitrage (CFA) with the purpose of fostering exchanges in the field of international arbitration. It currently has over 600 members on a worldwide basis. Its activities include the organization of international conferences, as well as the publication of a Directory of Members, which is the most highly regarded freely accessible source of information on international arbitration specialists. About the Book: The seventh in the International Arbitration Institute (IAI) series, Fifteen Years of NAFTA: Section 11 Arbitration compiles the papers from leading authorities on NAFTA dispute resolution, presented at the international academic conference, 15 Years of NAFTA Chapter 11 Arbitration, in Montreal on 25 September 2009. Where necessary. the chapters were revised and updated before publication. As a result, the reader receives up-to-date practical tips and important analyses of difficult issues. Dealing wholly with investment arbitration, the work focuses specifically on the controversial Chapter 11 feature of the NAFTA agreement and its influence on international investment law. Chapter 11 arbitration is an area of growing importance for both practitioners and academics, and the work covers both substantive and procedural issues.
Publisher: International Council of Swedish Industry
Category: Business & Economics
Companies operating in complex environments require a rigorous understanding of the economic, political, social and conflict dynamics of which they become part. Such insight helps them navigate substantial risks and challenges, grow their business even in unexpected places, work more effectively with local, national and international actors, and make meaningful contributions to stability and development. This book combines expert analysis, company case stories, and reflections from more than 100 business leaders. Drawing on a vast repository of knowledge and experience, it poses essential questions to better understand a particular complex environment and lead the company within it. It concretely demonstrates how leaders can help their companies meet their full range of goals - technical, financial, legal, reputation and social - by addressing the questions set out in this book. It is an invaluable resource for corporate practitioners and others concerned with company operations in complex environments. The book is the result of an intense and fruitful collaboration among the Africa Centre for Dispute Settlement, University of Stellenbosch Business School; the Corporate Engagement and Reflecting on Peace Practice Programs of CDA; the Geneva Peacebuilding Platform; the Institute for Business in the Global Context of The Fletcher School, Tufts University; the IRENE Institute of ESSEC Business School; the International Council of Swedish Industry; and the Stockholm Policy Group. Authors include Dost Bardouille-Crema, Diana Chigas, Brian Ganson, Kathleen Hamill, Paul Hollesen, Benjamin Miller, Cecile Renouard, Nicklas Svensson, and Achim Wennmann.
From the KGB to the Kremlin: a multidimensional portrait of the man at war with the West. Where do Vladimir Putin's ideas come from? How does he look at the outside world? What does he want, and how far is he willing to go? The great lesson of the outbreak of World War I in 1914 was the danger of misreading the statements, actions, and intentions of the adversary. Today, Vladimir Putin has become the greatest challenge to European security and the global world order in decades. Russia's 8,000 nuclear weapons underscore the huge risks of not understanding who Putin is. Featuring five new chapters, this new edition dispels potentially dangerous misconceptions about Putin and offers a clear-eyed look at his objectives. It presents Putin as a reflection of deeply ingrained Russian ways of thinking as well as his unique personal background and experience. Praise for the first edition If you want to begin to understand Russia today, read this book. —Sir John Scarlett, former chief of the British Secret Intelligence Service (MI6) For anyone wishing to understand Russia's evolution since the breakup of the Soviet Union and its trajectory since then, the book you hold in your hand is an essential guide.—John McLaughlin, former deputy director of U.S. Central Intelligence Of the many biographies of Vladimir Putin that have appeared in recent years, this one is the most useful. —Foreign Affairs This is not just another Putin biography. It is a psychological portrait. —The Financial Times Q: Do you have time to read books? If so, which ones would you recommend? "My goodness, let's see. There's Mr. Putin, by Fiona Hill and Clifford Gaddy. Insightful." —Vice President Joseph Biden in Joe Biden: The Rolling Stone Interview.