Author : Professor Teruo Komori
Publisher : Ashgate Publishing, Ltd.
Page : 767 pages
File Size : 42,13 MB
Release : 2013-02-28
Category : Law
ISBN : 140949683X
This book clarifies factors that play an important role in securing the effectiveness of legal regimes that aim to protect public interests of the international community.
Author : Teruo Komori
Publisher : Routledge
Page : 520 pages
File Size : 11,33 MB
Release : 2016-04-15
Category : Law
ISBN : 1317073657
This book clarifies factors that play an important role in securing the effectiveness of legal regimes that aim to protect public interests of the international community. In Part 1, the authors focus on theoretical problems arising in the implementation process of those legal regimes from both a constitutional and functional perspective. In Parts 2 through Part 4, they pay attention to practical issues in the implementation process of particular legal regimes, in light of what interpretation or measures are legitimate from the perspective of protecting public interests. This book incorporates an idea of public law into the theoretical framework of international law which has been mainly constructed on the theory of private law in domestic legal systems. In contrast to many books which focus on the role of the procedural and material factors in the implementation process of various institutions and rules, this book emphasises the role of normative factors in securing effectiveness of public interests-oriented rules and is a valuable resource for both academics and policy makers working in this area.
Author : Mary E. McClymont
Publisher :
Page : 384 pages
File Size : 37,20 MB
Release : 2000
Category : Business & Economics
ISBN :
This book attempts to convey some of the challenges that those wielding the law for social change purposes have faced and the successes they have achieved. By intention, it is more a studied appreciation than a critical analysis of their efforts. We asked an international team of consultants to help us document and describe how various law-based strategies have worked in very different settings, to draw out connections between those efforts, and to highlight some of the insights that emerge from grantees' experiences in law-related work. We also asked them to help us learn more about the ways the Foundation has played a role in these efforts. Known as the Global Law Programs Learning Initiative (GLPLI), this effort is not definitive, but rather suggestive. Our goal is to contribute to more serious future reflection and, ultimately, more effective programs in this field.
Author : Stephan W. Schill
Publisher : Oxford University Press
Page : 922 pages
File Size : 34,68 MB
Release : 2010-10-14
Category : Law
ISBN : 0199589100
International investment law is one of fastest-growing areas of international law, but it is plagued by the vagueness of many investors' rights and unpredictable investment tribunal decisions. This books analyses international investment law through the lens of comparative public law to clarify investment treaty obligations and arbitral procedure.
Author : Aikaterini Titi
Publisher :
Page : 376 pages
File Size : 36,39 MB
Release : 2014-04-30
Category : Capital investments
ISBN : 9783848710621
La 4e de couverture indique : "Since the inception of the international investment law system, investment promotion and protection have been the raison d'être of investment treaties and states have confined their policy space in order to attract foreign investment and protect their investors abroad. Languishing in relative obscurity until recently, the right to regulate has gradually come to the spotlight as a key component of negotiations on new generation investment agreements around the globe. States and regional organisations, including, notably, the European Union and the United States, have started to examine ways in which to safeguard their regulatory power and guide - and delimit - the interpretive power of arbitral tribunals, by reserving their right to pursue specific public policy objectives. The monograph explores the status quo of the right to regulate, in order to offer an appraisal and a reference tool for treatymakers, thus contributing to a better understanding of the concept and the broader discourse on how to enhance the investment law system's legitimacy."
Author : Andreas Kulick
Publisher : Cambridge University Press
Page : 412 pages
File Size : 37,60 MB
Release : 2012-07-12
Category : Law
ISBN : 1139510886
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.
Author : Massimo Iovane
Publisher : Oxford University Press
Page : 464 pages
File Size : 24,3 MB
Release : 2021-08-04
Category : Law
ISBN : 0192661701
This book analyses three key concepts, global public goods, global commons, and fundamental values, as tools geared towards the protection of the general interests of the international community. After providing an overview of these concepts, the book examines how international law has responded to them in a wide range of fields, and investigates how global governance has improved, or worsened, this response. Contributions from a group of experts explore the legal foundations of general interests, and discuss which interests have or have not been deemed to deserve the protection of international law. Other chapters focus on whether, and to what extent, it is appropriate that international law intervenes to regulate such interests, considering the interplay between multiple actors including states, international and regional organisations, and non-state actors. The book explores how states and other actors have used international law to protect general interests, what lessons can be learned from these efforts, and what significant challenges still need to be addressed.
Author : M. Sornarajah
Publisher : Cambridge University Press
Page : 555 pages
File Size : 18,10 MB
Release : 2010-05-06
Category : Law
ISBN : 0521763274
This book is a thought-provoking and authoritative text on this fast moving field of international law.
Author : Meyer, Olaf
Publisher : Edward Elgar Publishing
Page : 503 pages
File Size : 19,69 MB
Release : 2022-09-06
Category : Law
ISBN : 1789902665
The public policy exception in private international law is designed to provide a national backstop in the application of foreign laws. This book provides detailed and practical comparative coverage of the use of public policy in the context of private international law across a number of important jurisdictions spanning three continents.
Author : Pedro J. Martinez-Fraga
Publisher : Cambridge University Press
Page : 471 pages
File Size : 28,93 MB
Release : 2015-02-19
Category : Law
ISBN : 1316272699
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.
