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Environmental interests in investment arbitration : challenges and directions / Flavia Marisi
Alphen aan den Rijn, The Netherlands : Kluwer Law International B. V., 2020
xix, 377 pages. : illustrations ; 25 cm.
Ký hiệu phân loại (DDC): 346.092
Environmental Interests in Investment Arbitration examines the legal framework for environmental interests in investment law, with the purpose of reaching a balance between the protection of foreign investments and the protection of the environment. Economic growth, social inclusion, and environmental protection stand at the core of sustainable development, which aims to deliver long-term growth for current and future generations. Foreign Direct Investment (FDI) can play a key role in sustainable development. Host States? benefits descending from FDI inflows include tax revenues, technology transfer, specialised training of local human resources, network with satellite activities, better availability of quality products and customer-centric services, and these downstream effects stimulate economic growth and social inclusion. This thoroughly researched book explores the relationship between environmental protection? the third component of sustainable development - and FDI. In recent years, an increasing number of investment arbitration cases have seen a clash between the states? commitments towards their citizens, which include the duty to protect the environment, their health and wellbeing, and the commitment towards foreign investors to protect their investments. The author focuses on investor-state cases in which environmental protection measures have been contested and discusses substantive mechanisms in treaty drafting, rules of Customary International Law, and interpretation doctrines, which are aimed at taking environmental concerns into consideration.
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Natural resources and sustainable development : international economic law perspectives / Celine Tan; Julio Faúndez
Cheltenham, UK : Edward Elgar Publishing, 2017
xi, 330 pages. ; 25 cm.
Ký hiệu phân loại (DDC): 346.07
"The centrality of natural resources to global economic growth has placed the debate over their ownership and control at the forefront of legal, territorial and political disputes. Combining both legal and policy expertise with academic and practitioner perspectives this book considers the dimensions of natural resource governance at a time when disputes over their use grow more acute. Focusing on the law, regulation and governance of natural resources, this ... work examines in detail the conflicts and contradictions arising at the intersection between international economic law, sustainable development and other areas of international law, most notably human rights law and environmental law. Exploring the views of different stakeholder groups in the natural resources sectors, key chapters consider whether their differing interests and concerns are adequately addressed under national and international law."
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