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Tullio Treves - Foreign Investment, International Law and Common Concerns

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Tullio Treves Foreign Investment, International Law and Common Concerns

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Increasingly, transnational corporations, developed countries and private actors are broadening the boundaries of their investments into new territories, in search of a higher return on capital. This growth in direct foreign investment involves serious concerns for both the investor and host state. Various exponents of international civil society and non-governmental organisations persuasively claim that such growth in foreign investments constitutes potential and serious hazards both to the environment and the fundamental rights and freedoms of local populations.

This book explores from an international law perspective the complex relationship between foreign investments and common concerns, i.e. values that do not coincide, or do not necessarily coincide, with the interests of the investor and of the host state. It pays particular attention to the role of the main international development banks in reconciling the needs of foreign investors with the protection of common concerns, such as the environment, human rights and labour rights. Among its collection of essays, the volume asks how much regulatory space investment law leaves; whether international investment law is an effective means of balancing contrasting interests, and whether investment arbitration currently constitutes a mechanism of global governance.

In collecting the outlooks of various experts in human rights, environmental and international economic law, this book breaks new ground in exploring how attention to its legal aspects may help in navigating the relationship between foreign investment and common concerns. In doing so, the book provides valuable insights into the substantive issues and institutional aspects of international investment law.

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Foreign Investment, International Law and Common Concerns

Increasingly, transnational corporations, developed countries and private actors are broadening the boundaries of their investments into new territories, in search of a higher return on capital. This growth in direct foreign investment involves serious concerns for both the investor and host state. Various exponents of international civil society and non-governmental organizations persuasively claim that such growth in foreign investments constitutes potential and serious hazards both to the environment and the fundamental rights and freedoms of local populations.

This book explores from an international law perspective the complex relationship between foreign investments and common concerns, i.e. values that do not coincide, or do not necessarily coincide, with the interests of the investor and of the host state. It pays particular attention to the role of the main international development banks in reconciling the needs of foreign investors with the protection of common concerns, such as the environment, human rights and labour rights. Among its collection of essays, the volume asks how much regulatory space investment law leaves; whether international investment law is an effective means of balancing contrasting interests, and whether investment arbitration currently constitutes a mechanism of global governance.

In collecting the outlooks of various experts in human rights, environmental and international economic law, this book breaks new ground in exploring how attention to its legal aspects may help in navigating the relationship between foreign investment and common concerns. In doing so, the book provides valuable insights into the substantive issues and institutional aspects of international investment law.

Routledge Research in International Economic Law

Available:

Recognition and Regulation of Safeguard Measures Under GATT/WTO

Sheela Rai

The Interaction between WTO Law and External International Law

The Constrained Openness of WTO Law

Ronnie R.F. Yearwood

Human Rights, Natural Resource and Investment Law in a Globalised World

Shades of Grey in the Shadow of the Law

Lorenzo Cotula

The Domestic Politics of Negotiating International Trade Intellectual Property Rights in USColombia and USPeru Free Trade Agreements

Johanna von Braun

Foreign Investment and Dispute Resolution Law and Practice in Asia

Vivienne Bath and Luke Nottage (eds)

Improving International Investment Agreements

Armand De Mestral and Cline Lvesque (eds)

Public Health in International Investment Law and Arbritration

Valentina Vadi

The WTO and the Environment

Development of Competence beyond Trade

James Watson

Foreign Direct Investment and Human Development

The Law and Economics of International Investment Agreements

Olivier De Schutter, Johan Swinnen and Jan Wouters

Microtrade

A New System of International Trade with Volunteerism Towards Poverty Elimination

Yong-Shik Lee

Forthcoming:

Trade Remedies

A Development Perspective

Asif Qureshi

Chinese Perspectives on International Investment Law

Guiguo Wang

Science and Technology in International Economic Law

Balancing Competing Interests

Bryan Mercurio and Kuei-Jung Ni

Foreign Investment, International Law and Common Concerns

Edited by Tullio Treves, Francesco Seatzu and Seline Trevisanut

Foreign Investment International Law and Common Concerns - image 1

First published 2014

by Routledge

2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN

Simultaneously published in the USA and Canada

by Routledge

711 Third Avenue, New York, NY 10017

Routledge is an imprint of the Taylor & Francis Group, an informa business

2014 Tullio Treves, Francesco Seatzu and Seline Trevisanut

The right of Tullio Treves, Francesco Seatzu and Seline Trevisanut to be identified as editors of this work has been asserted by him/her in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

Trademark notice : Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.

British Library Cataloguing in Publication Data

A catalogue record for this book is available from the British Library

Library of Congress Cataloging-in-Publication Data

A catalog record has been requested for this book

ISBN: 978-0-415-81605-2 (hbk)

ISBN: 978-0-203-59626-5 (ebk)

Contents

TULLIO TREVES

STEPHAN W. SCHILL

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