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The Right to Development, Development Policy-making and the Investment Treaty Regime in Africa

2022
Abstract Chapter 5 explores the constitutional and general international law right to development and the adverse effects of investment treaties and investor–state arbitration for development policy-making and implementation in Africa.
exaly   +2 more sources

Reassertion of Control over the Investment Treaty Regime

open access: yes, 2016
Driven by public opinion in host states, contracting parties to investment agreements are pursuing many avenues in order to curb a system that is being perceived - correctly or not - as having run out of control. Reassertion of Control over the Investment Treaty Regime is the first book of its kind to examine the many issues of procedure, substantive ...
Kulick, Andreas,
openaire   +2 more sources

Deciphering China’s Selective Adaptation to Investment Treaty Regime: A “Domestication” of International Investment Law Perspective

Journal of World Investment and Trade
Abstract As China emerges as a prominent economic powerhouse and a key stakeholder in the international economic legal order, academic discourse beams the searchlight on its approach to international investment law. While discussions often center on the “external adjustment perspective” and explicate China’s participation in international investment ...
Yating Lin
exaly   +2 more sources

The Investment Treaty Regime and Public Interest Regulation in Africa

open access: yesICSID Review - Foreign Investment Law Journal, 2023
The Investment Treaty Regime and Public Interest Regulation in Africa is a legal, normative, and principled framework for rethinking the making and reform of investment treaties, and investment disputes ...
Dagbanja, Dominic Npoanlari,
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The Investment Treaty Regime

2022
Abstract The investment treaty regime is one of the most potent, and controversial, corners of international economic governance. Yet, until recently International Political Economy (IPE) literature on the regime was focused mostly on a few narrow questions, such as whether investment treaties impact the flow of foreign direct investment.
openaire   +1 more source

Bilateral Investment Treaties (BITs): The Global Investment Regime and Human Rights

SSRN Electronic Journal, 2017
Does globalization just create welfare gains, or is it accompanied by lower accountability, reduced welfare provision, labor standards or human rights? We argue that the broad and legally enforceable protection offered to foreign investors by bilateral investment treaties (BITs) worsens the human rights practices of developing countries.
Cristina Bodea, Fangjin Ye
openaire   +1 more source

The Environment, Human Rights, and the Investment Treaty Regime in Africa

2022
Abstract Chapter 4 focuses on human rights and environmental regulation of foreign investment. The environment and human rights are protected, in part, by the enactment or making and enforcement of environmental and human rights laws and policies.
openaire   +1 more source

State liability for ‘politically’ motivated conduct in the investment treaty regime

Leiden Journal of International Law, 2019
AbstractIn framing investment treaty claims against host states, foreign investors routinely assert that the state’s conduct was ‘politically’ motivated. Arbitral tribunals must then grapple with these allegations. Yet, tribunals lack both a coherent conception of what constitutes politically motivated conduct and a consistent understanding of the ...
Jonathan Bonnitcha   +1 more
openaire   +1 more source

The Formation of the International Investment Regime in the Light of Bilateral Investment Treaties

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Mirveisi, Alireza, Zakerian Amiri, Mehdi
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The Urban-Rural Divide: Spatial Inequalities and Backlash in the Investment Treaty Regime

The Italian Yearbook of International Law Online, 2021
A growing literature in international law has examined the backlash against international institutions and norms and its links with the rise of nationalist parties and populism. Some of this backlash have been said to originate with populations in small towns and rural areas socioeconomically “left-behind” by economic globalization.
openaire   +1 more source

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