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International Investment Law and the Right to Regulate
The book considers the ways in which the international investment law regime intersects with the human rights regime, and the potential for clashes between the two legal orders. Within the human rights regime states may be obligated to regulate, including a duty to adopt regulation aiming at improving social standards and conditions of living for their population. Yet, states are increasingly confronted with the consequences of such regulation in investment disputes, where investors seek to challenge regulatory interferences for example in expropriation claims. Regulatory measures may for instance interfere with the investment by imposing conditions on investors or negatively affecting the v...
Responsibilities and Liabilities for Commercial Activity in the Arctic
Given the magnitude of the risks associated with commercial activities in the Arctic arising as a result of the milder climate, new business opportunities raise important questions of responsibility and liability. This book analyses the issues of responsibility and liability connected with the exploitation of natural resources, marine transport and other activities in the Arctic. Applying a combined private and public law perspective on these issues, it considers both the business and societal interests related to Arctic development using Greenland as an example. The book focuses on problems that are specific to Greenland and wider issues that affect all Arctic states.
Preferential Trade Agreements and International Law
The multilateral trade agreements in the Annexes to the Agreement Establishing the World Trade Organization provide a comprehensive structure for international trade. Why would trading partners in different countries feel the need to go outside this framework in order to set up preferential trade arrangements? This book considers the structure of the World Trade Organization’s agreements and the types of preferential trade arrangements, and deliberates the value of the latter in the light of the operation of the former. Preferential Trade Agreements and International Law offers a comprehensive examination of preferential trade agreements and considers the features of specific regional and bilateral trade agreements without drawing upon systematic features and trends. It shows the latest state of knowledge on the topic and will be of value to researchers, academics, policymakers, and students interested in international trade and economic law.
The Routledge Handbook of Polar Law
Polar law describes the normative frameworks that govern the relationships between humans, States, Peoples, institutions, land and resources in the Arctic and the Antarctic. These two regions are superficially similar in terms of natural environmental conditions but the overarching frameworks that apply are fundamentally different. The Routledge Handbook of Polar Law explores the legal orders in the Arctic and Antarctic in a comparative perspective, identifying similarities as well as differences. It points to a distinct discipline of "Polar law" as the body of rules governing actors, spaces and institutions at the Poles. Four main features define the collection: the Arctic-Antarctic interfa...
International Investment Law and the Global Financial Architecture
This book explores whether investment law should protect against such regulatory measures, including where these have the support of multilateral institutions. It considers where the line should be drawn between legitimate regulation and undue interference with investor rights and, equally importantly, who draws it.
Research Handbook on Human Rights and Business
This authoritative Research Handbook brings together leading international scholars and practitioners to provide in-depth analysis of some of the most hotly debated topics and issues concerning the interface of human rights and business. Offering critical insights on prominent strands of research within the field of business and human rights, this comprehensive Research Handbook examines key challenges and potential solutions in the field.
The Elgar Companion to Intellectual Property and the Sustainable Development Goals
Complex geopolitical debate surrounds the role of intellectual property (IP) in advancing and achieving the UN’s Sustainable Development Goals (SDGs). Summarising and advancing this discourse, this prescient Companion is a thorough examination of how IP law interacts, influences and impacts each of the seventeen SDGs.
Intellectual Property and International Dispute Resolution
Christopher Heath is a judge at the Boards of Appeal of the European Patent Office and former researcher of the Max Planck Institute in Munich. Anselm Kamperman Sanders is Professor of Intellectual Property Law and Director of the IPKM Master’s Programme at Maastricht University, the Netherlands. About this book: Intellectual Property and International Dispute Resolution, the first in-depth treatment of the interface between intellectual property rights and international dispute resolution. The book highlights the different mechanisms of international dispute settlement, having particular regard to cases involving intellectual property law. Investor dispute tribunals, as provided for in ma...
International Challenges in Investment Arbitration
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 ...
Investment Protection Standards and the Rule of Law
This thoughtfully edited volume brings together leading scholars in the field to explore the relationship between the substantive standards of treatment contained in international investment agreements and the rule of law, which is developing into one of the key principles which both supporters and critics use to evaluate the investment treaty regime. Investment Protection Standards and the Rule of Law explores two perspectives. Firstly, it examines to what extent the substantive standards of treatment can be understood as expressions of the rule of law. Secondly, it addresses the rule-of-law problems, or rule-of-law lacunae, that exist in, or are created by, the application of these standards. The subject matter is advanced by combining doctrinal analysis of the core substantive treatment standards, as well as normative assessment of those standards from the perspective of the rule of law. This book also offers a critical discussion of the potential the rule of law has as a guidepost for structuring international investment relations, as well as its blind spots.
