The expropriation of environmental governance : protecting foreign investors at the expense of public policy
著者
書誌事項
The expropriation of environmental governance : protecting foreign investors at the expense of public policy
Cambridge University Press, 2009
- : hard
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注記
Includes bibliographical references (p. 294-318) and index
内容説明・目次
内容説明
Recent years have seen an explosive increase in investor-state disputes resolved in international arbitration. This is significant not only in terms of the number of disputes that have arisen and the number of states that have been involved, but also in terms of the novel types of dispute that have emerged. Traditionally, investor-state disputes resulted from straightforward incidences of nationalisation or breach of contract. In contrast, modern disputes frequently revolve around government measures taken to further public policy goals, such as the protection of the environment. This book explores the outcomes of several investor-state disputes over environmental policy. In addition to examining the pleadings of parties and decisions of arbitral tribunals in disputes that have been resolved in arbitration, the influence that investment arbitration has had in negotiated outcomes to conflicts is also explored.
目次
- Introduction
- 1. Concepts and methods
- 2. Foreign investment and the environment
- 3. The institution of investment protection
- 4. International investment agreements
- 5. Foreign investment contracts
- 6. International investment arbitration
- 7. Investor-state disputes
- 8. The threat of arbitration
- 9. Conclusions.
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