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This article is part 2 of a series on Rule of Law as it relates to international investment issues. The article describes how the system of bilateral investment treaties and other international investment agreements have created a form of rule of law to protect foreign investors against certain...
Persistent link: https://www.econbiz.de/10012953074
International investment arbitration can be said to be built on a great asymmetry: on the one hand, foreign investors are endowed with a set of significant rights, most notably the right to initiate disputes before arbitration tribunals; on the other hand, States and citizens of the host State...
Persistent link: https://www.econbiz.de/10012899667
The rule of law is one of the yardsticks by which both critics of and apologists for international investment law evaluate the regime, but it has been thus far insufficiently theorised. This chapter offers some thoughts on how the concept of the rule of law might be deployed to justify and...
Persistent link: https://www.econbiz.de/10012848829
In the last decade, there has been a surge in the number of multi-lateral and bilateral investment treaties governments have signed; meanwhile there have been dramatic increases in the amount of foreign direct investment (FDI); and, more recently, the number of claims brought under investment...
Persistent link: https://www.econbiz.de/10014059649
Persistent link: https://www.econbiz.de/10008658997
How can foreign direct investment contribute to fulfil the right to development and realize some of the UN Sustainable Development Goals? The chapter consider this question by focusing on the role of international law and intergovernmental institutions that deal with three aspects of foreign...
Persistent link: https://www.econbiz.de/10012844409
Vital importance to any society is the establishment and conduct of human rights, including economic and social rights. This paper comparatively examines the economic and social rights within the Egyptian Constitution and local law provisions, with the United Nations Declaration of Human Rights...
Persistent link: https://www.econbiz.de/10012895975
The EU has included human rights clauses in its international trade and cooperation agreements since the early 1990s. These clauses permit a party to a trade agreement to adopt ‘appropriate measures' in the event that the other party violates human rights or democratic principles. This study...
Persistent link: https://www.econbiz.de/10013053457
The adoption of the U.N. Guiding Principles on Business and Human Rights represents a watershed moment in the business and human rights movement. Nevertheless, despite its achievements, the work to align business and human rights issues remains.One approach to furthering the work in this area...
Persistent link: https://www.econbiz.de/10012992513
International trade and investment agreements are problematic from a participatory rights perspective because they are typically negotiated without adequate opportunities for participation of the public. Such agreements provide for disputes concerning public policy to be decided by private...
Persistent link: https://www.econbiz.de/10013231402