The Expropriation of Environmental Governance


Book Description

Recent years have seen an explosive increase in investor-state disputes resolved in international arbitration. This is significant not only in terms of the number of disputes that have arisen and the number of states that have been involved, but also in terms of the novel types of dispute that have emerged. Traditionally, investor-state disputes resulted from straightforward incidences of nationalisation or breach of contract. In contrast, modern disputes frequently revolve around government measures taken to further public policy goals, such as the protection of the environment. This book explores the outcomes of several investor-state disputes over environmental policy. In addition to examining the pleadings of parties and decisions of arbitral tribunals in disputes that have been resolved in arbitration, the influence that investment arbitration has had in negotiated outcomes to conflicts is also explored.




Global Environmental Governance Reconsidered


Book Description

Yet many of its fundamental elements remain unclear in both theory and practice.




Foreign Investment and the Environment in International Law


Book Description

Provides academics and practitioners with a detailed analysis of the interface between foreign investment and environmental law.




Environmental Governance


Book Description

Climate change is prompting an unprecedented questioning of the fundamental bases upon which society is founded. Businesses claim that technology can save the environment, while politicians champion the role of international environmental agreements to secure global action. Economists suggest that we should pay developing countries not to destroy their forests, while environmentalists question whether we can solve ecological problems with the same thinking that created them. As the process of steering society, governance has a critical role to play in coordinating these disparate voices and securing collective action to achieve a more sustainable future. Environmental Governance is the only book to discuss the first principles of governance, while also providing a critical overview of the wide ranging theories and approaches that underpin policy and practice today. It places governance within its wider political context to explore how the environment is controlled, manipulated, regulated, and contested by a range of actors and institutions. This book shows how network and market governance have shaped current approaches to environmental issues, while also introducing emerging approaches such as transition management and adaptive governance. In so doing, it highlights the strengths and weaknesses of the different approaches currently in play, and considers their political implications. This text provides a groundbreaking overview of dominant and emerging approaches of environmental governance, drawing on cutting edge debates and forging critical links between them. Each chapter is complemented by case studies, key debates, questions for discussion and further reading. It is essential reading for students of the environment, politics and sociology, and, indeed, anyone concerned with changing society to secure a more sustainable future.




International Protection of Investments


Book Description

This book outlines the protection standards typically contained in international investment agreements as they are actually applied and interpreted by investment tribunals. It thus provides a basis for analysis, criticism, and stocktaking of the existing system of investment arbitration. It covers all main protection standards, such as expropriation, fair and equitable treatment, full protection and security, the non-discrimination standards of national treatment and MFN, the prohibition of unreasonable and discriminatory measures, umbrella clauses and transfer guarantees. These standards are covered in separate chapters providing an overview of textual variations, explaining the origin of the standards and analysing the main conceptual issues as developed by investment tribunals. Relevant cases with quotations that illustrate how tribunals have relied upon the standards are presented in depth. An extensive bibliography guides the reader to more specific aspects of each investment standard permitting the book's use as a commentary of the main investment protection standards.




Routledge Handbook of Global Environmental Politics


Book Description

This handbook brings together leading international academic experts to provide a comprehensive and authoritative survey of global environmental politics. Fully revised, updated and expanded to 45 chapters, the book: • Describes the history of global environmental politics as a discipline and explains the various theories and perspectives used by scholars and students to understand it. • Examines the key actors and institutions in global environmental politics, explaining the roles of states, international organizations, regimes, international law, foreign policy institutions, domestic politics, corporations and transnational actors. • Addresses the ideas and themes shaping the practice and study of global environmental politics, including sustainability, consumption, expertise, uncertainty, security, diplomacy, North-South relations, globalization, justice, ethics, public participation and citizenship. • Assesses the key issues and policies within global environmental politics, including energy, climate change, ozone depletion, air pollution, acid rain, transport, persistent organic pollutants, hazardous wastes, rivers, wetlands, oceans, fisheries, marine mammals, biodiversity, migratory species, natural heritage, forests, desertification, food and agriculture. This second edition includes new chapters on plastics, climate change, energy, earth system governance and the Anthropocene. It is an invaluable resource for students, scholars, researchers and practitioners of environmental politics, environmental studies, environmental science, geography, globalization, international relations and political science.




International Investment Law and Water Resources Management


Book Description

Hydrological variability, increasing competition for water, and the need for regulatory flexibility may increasingly compel governments to adopt measures with significant economic impact on foreign investment. In International Investment Law and Water Resources Management, Daza-Clark offers an appraisal of indirect expropriation, revisiting the well-known doctrine of the police power. Through the lens of international investment law, the author explores a framework that assesses the legitimate exercise of police power with particular attention to the special nature of water resources.




Environmental Governance in Latin America


Book Description

This book is open access under a CC-BY license. The multiple purposes of nature – livelihood for communities, revenues for states, commodities for companies, and biodiversity for conservationists – have turned environmental governance in Latin America into a highly contested arena. In such a resource-rich region, unequal power relations, conflicting priorities, and trade-offs among multiple goals have led to a myriad of contrasting initiatives that are reshaping social relations and rural territories. This edited collection addresses these tensions by unpacking environmental governance as a complex process of formulating and contesting values, procedures and practices shaping the access, control and use of natural resources. Contributors from various fields address the challenges, limitations, and possibilities for a more sustainable, equal, and fair development. In this book, environmental governance is seen as an overarching concept defining the dynamic and multi-layered repertoire of society-nature interactions, where images of nature and discourses on the use of natural resources are mediated by contextual processes at multiple scales.




The Process of Capitalist Production


Book Description

This eBook has been formatted to the highest digital standards and adjusted for readability on all devices. This book is a critical analysis of political economy, meant to reveal the contradictions of the capitalist mode of production, how it was the precursor of the socialist mode of production and of the class struggle rooted in the capitalist social relations of production. Karl Marx (1818–1883) was a famous German philosopher, economist, historian, political theorist, sociologist, journalist and revolutionary socialist.




Environmental Governance in Taiwan


Book Description

Three decades of rapid industrialization until the lifting of martial law in 1987, with little or no concern for the environment, have made Taiwan’s environmental degradation a serious problem. In the past twenty years, Taiwan has seen a surge of environmental organizations, which to a certain degree have enjoyed a remarkable success in fighting polluting industries or affecting policies on behalf of the environment. This book aims to analyse environmental governance mechanisms and actors in Taiwan through a multi-disciplinary research approach. Based on extensive and original research, it includes four different case studies, which have all taken place since 2011. It focuses on four major elements of governance - specifically norms, actors, processes, and outcomes - to examine Taiwan’s national and local environmental governance in the post-2008 period. The book shows how the painful lessons Taiwan has learned throughout its transition should be of interest to other developing countries, illustrating how these positive transformations have managed to bring about a more ecologically friendly mode of economic development. Demonstrating that the battle to further ecological sustainability is also a battle to further democratisation, this book will be of interest to students and scholars of Taiwan Studies, Developmental Studies and Environmental Studies.