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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.
Temporary Protection in Law and Practice
Temporary protection is a flexible tool of international protection, which offers sanctuary to those fleeing humanitarian crises, and currently affects the lives and legal status of millions of forced migrants. However, the content, boundaries and legal foundation of temporary protection, remain largely undefined or unsettled. There are only a few instruments that provide guidance to states on how to respond to mass influx situations and how to implement temporary protection regimes. In Temporary Protection in Law and Practice, Meltem Ineli-Ciger takes a step towards clarifying those undefined aspects of temporary protection, by examining temporary protection’s legal foundation in internat...
Statelessness in the European Union
Statelessness in the European Union draws together original research from over one hundred interviews in Estonia, France, Slovenia and the United Kingdom to provide one of the first comparative accounts of the de facto or de jure stateless populations in the European Union. It blends legal, political and empirical research to examine how non-citizens without secure status, in some cases established undocumented migrants and their descendants, manage their lives in four European Union member states. Normative and legal analyses of the practical meaning of basic human rights are combined with a groundbreaking investigation of the obstacles that prevent people from accessing essential services. Contrasting the situation of Europe's stateless now with that examined by Arendt over fifty years ago, it considers proposals for the future security of Europe's stateless people.
From Bilateralism to Community Interest
This festschrift, dedicated to Judge Bruno Simma, traces the development of international law from regulating bilateral state-to-state relationships towards strengthening the entire international community by protecting human security, the global environment, and human rights. It provides both theoretical and practical insights into these sometimes conflicting goals, their basis in international law, and the role played by international institutions charged with upholding these values and interests. The work thus examines the mechanism by which international law contributes to the realization not only of individual State interests, but the interests of the international community as a whole....
Corporate Environmental Accountability in International Law
This fully updated second edition of Corporate Accountability in International Environmental Law examines systematically all international sources of corporate accountability standards with specific reference to environmental protection, and elaborates on their theoretical and practical implications for international environmental law. The book argues that although international environmental law does not bind multinational corporations and other business entities, growing practice points to the emergence and consolidation of international legal standards. These standards allow adapting and translating inter-State obligations embodied in international environmental law into specific normativ...
Changing Sustainability Norms through Communication Processes
This book traces the development of the Business & Human Rights (BHR) regime that has so far culminated with the United Nations Guiding Principles on Business and Human Rights. It first surveys the argumentation and negotiation strategies that led to agreement on key elements of the BHR regime despite a range conflicting interests across stakeholders from public, private and not-for-profit organisations. It then maps out pro-active regulatory strategies and public-private regulation for promoting responsible business conduct, offering insights for civil society, public regulators, business managers, academics and others. The book will assist engaged parties in structuring their arguments within negotiation processes with a view to enhancing their influence on change in business organisations in support of sustainability and new norms of conduct.
Recueil Des Cours, 1989-IV
The Academy is an institution for the study & teaching of public & private international law & related subjects. Its purpose is to encourage a thorough & impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical & practical aspects of the subject, including legislation & case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the Collected Courses of the Hague Academy of International Law. This volume contains: Reform, but not Revolution. General Course on Private International Law, by Peter M. NORTH Questions de droit international prive et dommages catastrophiques, par Tito BALLARINO.
The Business of Sustainable Development in Africa
This book is about enhancing the contribution of business to sustainable development in sub-Saharan Africa, with an emphasis on both challenges and opportunities. Sub-Saharan Africa is the only region in the world where the proportion of extremely poor people increased during the final decades of the previous century. The overarching imperative to support Africa's poor in their quest for better livelihoods, human rights and environmental integrity, is a huge challenge, and the business community has an important role to play. The purpose of this book is to contribute to a better understanding of this role and its implications for decision-makers in business, as well as, to some extent, government and civil society.--Publisher's description.
The Lutheran Witness
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