Author: Pedro J. Martinez-Fraga
Publisher: Cambridge University Press
Release Date: 2015-01-31
This text explores how the public purpose doctrine reconciles the often conflicting, but equally binding, obligations that states have to engage in regulatory sovereignty while honoring host-state obligations to protect foreign investment. The work examines the multiple permutations and iterations of the public purpose doctrine and concludes that this principle needs to be reconceptualized to meet the imperatives of economic globalization and of a new paradigm of sovereignty that is based on the interdependence, and not independence, of states. It contends that the historical expression of the public purpose doctrine in customary and conventional international law is fraught with fundamental flaws that, if not corrected, will give rise to disparities in the relationship between investors and states, asymmetries with respect to industrialized nations and developing states, and, ultimately, process legitimacy concerns.
Author: Richard McGregor
Publisher: Penguin UK
Release Date: 2010-06-03
China's secret rulers are the elephant in the room. They are the largest political organisation in the world. They control every aspect of Chinese life. And no one discusses them. Until now. Who are they? And how do they operate? Richard McGregor has spent twenty years reporting on this region of the world and he has used all of his experience to uncover the true story of the Chinese Communist Party. This is the most revealing glimpse yet of how this extraordinary organisation works. From business to the army, McGregor tracks down the people who are on the inside, and reveals how they run the world's most populous country. It is impossible to understand China without really knowing who is in charge. And this book tackles the subject head on. How did China's Communists merge Marx, Mao and the market to create a new superpower? How can they maintain such a grip on power in the face of a changing world. And just how corrupt are they? The Party gives us the untold story of China's rise to power as no other book has.
Norms in the contemporary world system are no longer established exclusively through inter-state agreement but increasingly, are becoming truly global. This is made possible by the rapid privatisation of law and the self-regulation of the transnational private sector. Other forces driving this epochal transformation are the overwhelming pre-eminence of the United States, the erosion of the role of the United Nations, and the appearance of new actors such as subnational entities and NGO's. They all contribute to the creation and ideological justification of new norms. This collection brings together critical studies on this complex process. Written by authors from eleven different countries, both established scholars and young specialists, the book challenges the often convenient rationalisations of regime theory, the governance approach, and 'post-national' or 'cosmopolitan' democracy, in order to explore the practical, theoretical and ethical implications of the new world of global norms.
Author: Zachary Douglas
Publisher: OUP Oxford
Release Date: 2014-05-01
International investment law is one of the fastest growing areas of international law. It has led to the signing of thousands of agreements, mostly in the form of investment contracts and bilateral investment treaties. Also, in the last two decades, there has been an exponential growth in the number of disputes being resolved by investment arbitration tribunals. Yet the legal principles at the basis of international investment law and arbitration remain in a state of flux. Perhaps the best illustration of this phenomenon is the wide disagreement among investment tribunals on some of the core concepts underpinning the regime, such as investment, property, regulatory powers, scope of jurisdiction, applicable law, or the interactions with other areas of international law. The purpose of this book is to revisit these conceptual foundations in order to shed light on the practice of international investment law. It is an attempt to bridge the growing gap between the theory and the practice of this thriving area of international law. The first part of the book focuses on the 'infrastructure' of the investment regime or, more specifically, on the structural arrangements that have been developed to manage foreign investment transactions and the potential disputes arising from them. The second part of the book identifies the common conceptual bases of an array of seemingly unconnected practical problems in order to clarify the main stakes and offer balanced solutions. The third part addresses the main sources of 'regime stress' as well as the main legal mechanisms available to manage such challenges to the operation of the regime. Overall, the book offers a thorough investigation of the conflicting theoretical positions underlying international investment law, testing their worth by reference to concrete issues that have arisen in the jurisprudence. It demonstrates that many of the most important practical questions arising in practice can be addressed by a carefully dosed resort to theory.
Rethinking Geopolitics argues that the concept of geopolitics needs to be conceptualised anew as the twenty-first century approaches. Challenging conventional geopolitical assumptions, contributors explore: * theories of post-modern geopolitics * historical formulations of states and cold wars * the geopolitics of the Holocaust * the gendered dimension of Kurdish insurgency * the cold war world * political cartoons concerning Bosnia * Time magazine representations of the Persian Gulf * the Zapatistas and the Chiapas revolt * the new cyber politics * conflict simulations in the US military * the emergence of a new geopolitics of global security. Exploring how popular cultural assumptions about geography and politics constitute the discourses of contemporary violence and political economy, Rethinking Geopolitics shows that we must rethink the struggle for knowledge, space and power.
Author: José María Beneyto
Publisher: Springer Science & Business Media
Release Date: 2012-09-26
This volume offers a unique reflection on the historic and contemporary influence of the New Approaches to International Law (NAIL) movement within the context of Europe and America. In particular, the contributions focus on the intellectual product of NAIL's founder, David Kennedy, in relation to three legal streams: human rights, legal history, and the law of war. On the one hand, the volume is valuable reading for a broad audience interested in the current challenges facing global governance, and how critical studies might contribute to innovative intellectual and practice-oriented developments in international law. On the other hand, stemming from a 2010 seminar in Madrid that brought together scholars to discuss David Kennedy's scholarship over the last three decades, the contributions here are a testament to the community and ideas of the NAIL tradition. The volume includes scholars from a wide field of legal interests and backgrounds.
Author: August Reinisch
Publisher: Oxford University Press
Release Date: 2008
This book provides a guide to the application of substantive standards of treatment, routinely included in investment treaties. Leading practitioners and academics analyse the interpretation of core standards in arbitration proceedings, presenting the emerging consensus shaping how they should be applied in practice.
Author: Union of International Associations
Publisher: Brill Academic Publishers
Release Date: 2011-09
Genre: Business & Economics
Providing both an international organizations and research bibliography, Volume 4 cites over 46,000 publications and information resources supplied by international organizations, and provides nearly 18,000 research citations under 40 subject headings. This volume also includes a research bibliography on international organizations and transnational associations. The "Yearbook of International Organizations" is also available online and as a complete set. Learn more at: brill.nl/internationalorganizations