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The Multilateralization of International Investment Law
Attempts at developing a theory of international investment law are complicated by the fact that this field of international law is based on numerous, largely bilateral treaties and is implemented by arbitral panels established on a case-by-case basis. This suggests a fragmented and chaotic state of the law, with different levels of protection depending on the sources and targets of foreign investment flows. This book, however, forwards the thesis that international investment law develops, despite its bilateral form, into a multilateral system of law that backs up the functioning of a global market economy based on converging principles of investment protection. In discussing the function of most-favored-nation clauses, the possibilities of treaty-shopping and the impact of investor-State arbitration with its intensive reliance on precedent and other genuinely multilateral approaches to treaty interpretation, it offers a conceptual framework for understanding the nature and functioning of international investment law as a genuinely multilateral system.
eBook
Global Public Interest in International Investment Law
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.
eBook
Conflicting Commitments
InConflicting Commitments, Shannon Gleeson goes beyond the debate over federal immigration policy to examine the complicated terrain of immigrant worker rights. Federal law requires that basic labor standards apply to all workers, yet this principle clashes with increasingly restrictive immigration laws and creates a confusing bureaucratic terrain for local policymakers and labor advocates. Gleeson examines this issue in two of the largest immigrant gateways in the country: San Jose, California, and Houston, Texas.
Conflicting Commitmentsreveals two cities with very different approaches to addressing the exploitation of immigrant workers-both involving the strategic coordination of a range of bureaucratic brokers, but in strikingly different ways. Drawing on the real life accounts of ordinary workers, federal, state, and local government officials, community organizers, and consular staff, Gleeson argues that local political contexts matter for protecting undocumented workers in particular. Providing a rich description of the bureaucratic minefields of labor law, and the explosive politics of immigrant rights, Gleeson shows how the lessons learned from San Jose and Houston can inform models for upholding labor and human rights in the United States.
eBook
General interests of host states in international investment law
\"Signatory States have the right to take action in order to maintain their financial stability, stimulate economic development or further their non-economic interests (such as health, the environment and food security). However, such measures can potentially conflict with the rights of foreign investors. Regulators and policy makers must take States' international commitments toward foreign investors into account when making decisions. They must also avoid resorting to protectionism in drafting new treaties. With this tension in mind, this book offers a balanced reappraisal of bilateral treaties and regional agreements on foreign investments. The sensitive issues are examined in the light of the case law of arbitral investment tribunals and other international courts, and the analysis highlights how cross-fertilisation between trade and investment can assist in resolving conflicts\"-- Provided by publisher.
Book
The Price of Rights
Many low-income countries and development organizations are calling for greater liberalization of labor immigration policies in high-income countries. At the same time, human rights organizations and migrant rights advocates demand more equal rights for migrant workers. The Price of Rights shows why you cannot always have both. Examining labor immigration policies in over forty countries, as well as policy drivers in major migrant-receiving and migrant-sending states, Martin Ruhs finds that there are trade-offs in the policies of high-income countries between openness to admitting migrant workers and some of the rights granted to migrants after admission. Insisting on greater equality of rights for migrant workers can come at the price of more restrictive admission policies, especially for lower-skilled workers. Ruhs advocates the liberalization of international labor migration through temporary migration programs that protect a universal set of core rights and account for the interests of nation-states by restricting a few specific rights that create net costs for receiving countries. The Price of Rights analyzes how high-income countries restrict the rights of migrant workers as part of their labor immigration policies and discusses the implications for global debates about regulating labor migration and protecting migrants. It comprehensively looks at the tensions between human rights and citizenship rights, the agency and interests of migrants and states, and the determinants and ethics of labor immigration policy.
eBook
Impact investing and social enterprises : global progress and challenges
Table of Contents: Part I Structuring Social Enterprises Measurement Reporting Forming a Fund Doing the Deal Part II A - North America Canada United States Part II B - Latin America Argentina Brazil Chile Colombia Mexico Part II C - Asia China India Korea Part II D - Europe Europe France Germany Italy Switzerland United Kingdom Part.
eBook