The BRICS in the New International Legal Order on Investment


Book Description

The BRICS in the New International Legal Order on Investment: Reformers or Disruptors is written by international experts with BRICS backgrounds. The book investigates why and how the BRICS countries modernize their approach to the investment treaty regime. The chapters are organized by BRICS countries and discuss whether they can develop a common approach to investment treaties as well as what these countries will bring to the investment treaty regime in the future. The volume provides important perspectives on how the BRICS, an emerging power hub in international society, engage in the international legal order.




Transnational Actors in International Investment Law


Book Description

This book reviews for the first time some of the less frequently addressed actors in international investment law. Traditional studies concerning actors in international investment law have tended to focus on arbitrators, claimant investors and respondent states. This book explores transnational actors, such as UNCITRAL, the EU, international standardizing bodies, domestic and international courts and tribunals, etc., shedding light on their transnational activity and pluralistic role in international investment law.




The Changing Practices of International Law


Book Description

With more than 158,000 treaties and some 125 judicial organisations, international law has become an inescapable factor in world politics since the Second World War. In recent years, however, international law has also been increasingly challenged as states are voicing concerns that it is producing unintended effects and accuse international courts of judicial activism. This book provides an important corrective to existing theories of international law by focusing on how states respond to increased legalisation and rely on legal expertise to manoeuvre within and against international law. Through a number of case studies, covering a wide range of topical issues such as surveillance, environmental regulation, migration and foreign investments, the book argues that the expansion and increased institutionalisation of international law itself have created the structural premise for this type of politics of international law. More international law paradoxically increases states' political room of manoeuvre in world society.




The Human Rights Accountability Mechanisms of International Organizations


Book Description

Establishes a framework for analyzing and assessing the accountability mechanisms of international organizations, and applies it to three case studies.




IOM Unbound?


Book Description

It is an era of expansion for the International Organization for Migration (IOM), an increasingly influential actor in the global governance of migration. Bringing together leading experts in international law and international relations, this collection examines the dynamics and implications of IOM's expansion in a new way. Analyzing IOM as an international organization (IO), the book illuminates the practices, obligations and accountability of this powerful but controversial actor, advancing understanding of IOM itself and broader struggles for IO accountability. The contributions explore key, yet often under-researched, IOM activities including its role in humanitarian emergencies, internal displacement, data collection, ethical labour recruitment, and migrant detention. Offering recommendations for reforms rooted in empirical evidence and careful normative analysis, this is a vital resource for all those interested in the obligations and accountability of international organizations, and in the field of migration. This title is also available as Open Access on Cambridge Core.




The Changing Practices of International Law


Book Description

Countering mainstream theories, this book focuses on the expanding institutionalisation of international law.




Gender and Corruption


Book Description

The link between gender and corruption has been studied since the late 1990s. Debates have been heated and scholars accused of bringing forward stereotypical beliefs about women as the “fair” sex. Policy proposals for bringing more women to office have been criticized for promoting unrealistic quick-fix solutions to deeply rooted problems. This edited volume advances the knowledge surrounding the link between gender and corruption by including studies where the historical roots of corruption are linked to gender and by contextualizing the exploration of relationships, for example by distinguishing between democracies versus authoritarian states and between the electoral arena versus the administrative branch of government—the bureaucracy. Taken together, the chapters display nuances and fine-grained understandings. The book highlights that gender equality processes, rather than the exclusionary categories of “women” and “men”, should be at the forefront of analysis, and that developments strengthening the position of women vis-à-vis men affect the quality of government.




Reshaping the Investor-State Dispute Settlement System


Book Description

In Reshaping the Investor-State Dispute Settlement System: Journeys for the 21st Century, editors Jean E. Kalicki and Anna Joubin-Bret offer for the first time a broad compendium of practical suggestions for reform of the current system of resolving international investment treaty disputes. The increase in cases against States and their challenge to public policy measures has generated a strong debate, usually framed by complaints about a perceived lack of legitimacy, consistency and predictability. While some ideas have been proposed for improvement, there has never before been a book systematically focusing on constructive paths forward. This volume features 38 chapters by almost 50 leading contributors, all offering concrete proposals to improve the ISDS system for the 21st century.




The Political Economy of the Investment Treaty Regime


Book Description

Investment treaties are some of the most controversial but least understood instruments of global economic governance. Public interest in international investment arbitration is growing and some developed and developing countries are beginning to revisit their investment treaty policies. The Political Economy of the Investment Treaty Regime synthesises and advances the growing literature on this subject by integrating legal, economic, and political perspectives. Based on an analysis of the substantive and procedural rights conferred by investment treaties, it asks four basic questions. What are the costs and benefits of investment treaties for investors, states, and other stakeholders? Why did developed and developing countries sign the treaties? Why should private arbitrators be allowed to review public regulations passed by states? And what is the relationship between the investment treaty regime and the broader regime complex that governs international investment? Through a concise, but comprehensive, analysis, this book fills in some of the many "blind spots" of academics from different disciplines, and is the first port of call for lawyers, investors, policy-makers, and stakeholders trying to make sense of these critical instruments governing investor-state relations.




Social Inclusion and Economic Development in Latin America


Book Description

Poverty and inequality in Latin America are easily recognizable in the faces of women, Afro-descendents, the indigenous, people with disabilities, victims of HIV/AIDS, and other groups outside the societal mainstream. Social Inclusion and Economic Development in Latin America reviews the common features of these excluded populations, including their invisibility in official statistics and the stigma, discrimination, and disadvantages they have long endured. But it also examines the region's inclusionary policies and programs that can improve access by these groups to the quality social services and economic and political resources these groups need to level the playing field. Case studies examine ethnic and racial political organization, gender quotas, and labor markets across the region, and social exclusion in Brazil, Honduras, Guatemala, Mexico, and Peru. Comparative studies summarize social inclusion policies of both the European Union and selected countries on the Continent.