Power in the International Investment Framework

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Publisher : Palgrave Macmillan
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Language : EN, FR, GB
ISBN 10 : 113757142X
Pages : 243 pages
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Rating : 4.5/5 (714 users download)


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Summary Book Review Power in the International Investment Framework :

Download or read book Power in the International Investment Framework written by Maria A. Gwynn and published by Palgrave Macmillan. This book was released on 2016-08-09 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a unique analysis of bilateral investment treaties (BITs). By developing a new, power-focused paradigm for understanding the international investment framework, the author illustrates why there was no paradoxical behaviour when developing countries agreed to the BIT regime, and what has spurred their reaction against it now. She also examines how attempts to regulate investment at a multilateral level have failed, and why the rules of the framework are evolving. Inspired by the work of Susan Strange, Gwynn fills a significant lacuna in our understanding of these issues by demonstrating how power determines the actions of all those involved. This holistic reinterpretation of international investment focuses in particular on Latin America, but has wider implications for the negotiation of new treaties, including such controversial provisions as the Transatlantic Trade and Investment Partnership. It will appeal to lawyers, economists, political scientists and scholars of Latin America.

Power in the International Investment Framework

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Publisher : Springer
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Language : EN, FR, GB
ISBN 10 : 9781137571434
Pages : 243 pages
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Rating : 4.1/5 (375 users download)


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Summary Book Review Power in the International Investment Framework :

Download or read book Power in the International Investment Framework written by Maria A. Gwynn and published by Springer. This book was released on 2016-07-26 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a unique analysis of bilateral investment treaties (BITs). By developing a new, power-focused paradigm for understanding the international investment framework, the author illustrates why there was no paradoxical behaviour when developing countries agreed to the BIT regime, and what has spurred their reaction against it now. She also examines how attempts to regulate investment at a multilateral level have failed, and why the rules of the framework are evolving. Inspired by the work of Susan Strange, Gwynn fills a significant lacuna in our understanding of these issues by demonstrating how power determines the actions of all those involved. This holistic reinterpretation of international investment focuses in particular on Latin America, but has wider implications for the negotiation of new treaties, including such controversial provisions as the Transatlantic Trade and Investment Partnership. It will appeal to lawyers, economists, political scientists and scholars of Latin America.

The Three Laws of International Investment: National, Contractual, and International Frameworks for Foreign Capital

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Publisher : OUP Oxford
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Language : EN, FR, GB
ISBN 10 : 9780191665301
Pages : 472 pages
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Rating : 4.1/5 (916 users download)


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Summary Book Review The Three Laws of International Investment: National, Contractual, and International Frameworks for Foreign Capital :

Download or read book The Three Laws of International Investment: National, Contractual, and International Frameworks for Foreign Capital written by Jeswald W. Salacuse and published by OUP Oxford. This book was released on 2013-02-14 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investments are governed by three different legal frameworks: 1) national laws of both the host country and the investor's home country; 2) contracts, whether between the investor and the host country or among investors and their associates; and 3) international law, consisting of applicable treaties, customs, and general principles of law. Together, these three frameworks profoundly influence the organization, operation, and protection of foreign investments. Investors, government officials, and their legal counsel must therefore understand the complex interaction among these frameworks and how best to employ them to advance their interests. This book examines the content of each of these three legal frameworks for international investment and explores how they influence the foreign investment process and the nature of investment transactions, projects, and enterprises. The book is divided into five parts. Part I, after explaining the contemporary nature and significance of international investment, examines the theoretical and practical links between law and the investment process. Part II explores the nature of national laws regulating foreign investment. Part III considers of the various contractual frameworks for international investments, looking at their negotiation, content, and stability. Part IV sets out the international legal framework governing foreign investment, focusing on the content and nature of investment treaties and on general principles. Finally, Part V discusses how the three legal frameworks interact with each other. By comprehensively examining each of the applicable legal frameworks, this book provides a vital overview of the laws, rules, and regulations governing foreign investment for lawyers, scholars, students, and government officials. Three different legal frameworks are applicable to foreign investment: the laws of the host state and the investor's home country, the contract between the host state and the investor, and the rules and principles of international investment law. These three bodies of law interact with each other and must be analysed together when interpreting an investment agreement or arbitrating a dispute. This book examines the content of each of these three legal frameworks and explores how they influence the flow of foreign investment. The book is divided into five parts. Part I, after explaining the contemporary nature and significance of international investment, examines the theoretical and practical links between law and the investment process. Part II explores the nature of national laws regulating foreign investment. Part III explores the nature of the contractual framework for international investments, looking at their negotiation, content, and stability. Part IV sets out the international legal framework governing foreign investment, focusing on the content and nature of bilateral investment treaties and on general principles. Finally, Part V considers how the three legal frameworks interact with each other. By comprehensively examining each of the applicable legal frameworks, this book provides a vital overview of the laws, rules, and regulations governing foreign investment for lawyers, scholars, students, and government officials working in the field.

Law & Investment in Africa

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Publisher : African Sun Media
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Language : EN, FR, GB
ISBN 10 : 9781990995033
Pages : 296 pages
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Rating : 4.9/5 (99 users download)


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Summary Book Review Law & Investment in Africa :

Download or read book Law & Investment in Africa written by Tinahse Kondo and published by African Sun Media. This book was released on 2021-04-19 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Zimbabwe has had a chaotic foreign direct investment (FDI) regime. This has created the need for a detailed volume on the most important developments around the protection and treatment of FDI, at not only a domestic level, but also at bilateral, regional and international levels. The author argues that while Zimbabwe has now harmonised, previously scattered legislation under the Zimbabwe Investment and Development Agency Act [Chapter 14:37] and taken measures to reverse (to varying degrees) controversial policies such as the land reform programme and the Indigestion and Economic Empowerment Policy, scepticism still prevails over the investor-friendliness of the FDI regime in Zimbabwe.

The Rise of Investor-State Arbitration

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Publisher : Oxford University Press
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Language : EN, FR, GB
ISBN 10 : 9780192507259
Pages : 2956 pages
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Rating : 4.1/5 (925 users download)


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Summary Book Review The Rise of Investor-State Arbitration :

Download or read book The Rise of Investor-State Arbitration written by Taylor St John and published by Oxford University Press. This book was released on 2018-03-01 with total page 2956 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today, investor-state arbitration embodies the worst fears of those concerned about runaway globalization - a far cry from its framers' intentions. Why did governments create a special legal system in which foreign investors can bring cases directly against states? This book takes readers through the key decisions that created investor-state arbitration, drawing on internal documents from several governments and extensive interviews to illustrate the politics behind this new legal system. The corporations and law firms that dominate investor-state arbitration today were not present at its creation. In fact, there was almost no lobbying from investors. Nor did powerful states have a strong preference for it. Nor was it created because there was evidence that it facilitates investment - there was no such evidence. International officials with peacebuilding and development aims drove the rise of investor-state arbitration. This book puts forward a new historical institutionalist explanation to illuminate how the actions of these officials kicked off a process of gradual institutional development. While these officials anticipated many developments, including an enormous caseload from investment treaties, over time this institutional framework they created has been put to new purposes by different actors. Institutions do not determine the purposes to which they may be put, and this book's analysis illustrates how unintended consequences emerge and why institutions persist regardless.

International Investment Law and Water Resources Management

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Publisher : BRILL
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Language : EN, FR, GB
ISBN 10 : 9789004335301
Pages : 260 pages
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Rating : 4.0/5 (43 users download)


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Summary Book Review International Investment Law and Water Resources Management :

Download or read book International Investment Law and Water Resources Management written by Ana Maria Daza-Clark and published by BRILL. This book was released on 2016-12-01 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: In International Investment Law and Water Resources Management, Daza-Clark offers an appraisal of indirect expropriation, including an analysis of the doctrine of police power.

The Three Laws of International Investment

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Publisher : Oxford University Press
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Language : EN, FR, GB
ISBN 10 : 9780199654567
Pages : 467 pages
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Rating : 4.1/5 (996 users download)


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Summary Book Review The Three Laws of International Investment :

Download or read book The Three Laws of International Investment written by Jeswald W. Salacuse and published by Oxford University Press. This book was released on 2013-02-14 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: There are three legal frameworks applicable to international investments: the laws of the host state and the investor's country, the contract between the host state and the investor, and the rules of international investment law. This book assesses how these three bodies of law interact in investment agreements and dispute arbitration.

The Legal Protection of Foreign Investments Against Political Risk: Japanese Business in the Asian Energy Sector

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Publisher : Quid Pro, LLC
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Language : EN, FR, GB
ISBN 10 : 1610273133
Pages : 286 pages
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Rating : 4.2/5 (731 users download)


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Summary Book Review The Legal Protection of Foreign Investments Against Political Risk: Japanese Business in the Asian Energy Sector :

Download or read book The Legal Protection of Foreign Investments Against Political Risk: Japanese Business in the Asian Energy Sector written by Thomas Nektarios Papanastasiou and published by Quid Pro, LLC. This book was released on 2015-08-19 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Legal Protection of Foreign Investments Against Political Risk" examines how political risks associated with foreign direct investment in the energy sector are managed or mitigated, and suggests new ways to deal with the possibility of such risk. It applies its analysis-using case studies and international law, and examining actual contracts-to the specific context of foreign investment in five Asian countries' power infrastructure projects. "Legal protection of foreign investments against political risk has been a problem for a long time. Professor Papanastasiou's book brilliantly balances the legitimate regulatory power of host states with legitimate business interests of foreign investors by presenting a neatly designed multi-layered legal framework for political risk management. This is an important contribution to both the study of international investment law and the practice of foreign investment business transactions." - Junji Nakagawa, Professor of International Economic Law Institute of Social Science, University of Tokyo Author, " International Harmonization of Economic Regulation" (Oxford Univ. Press, 2011) "This book is an impressive and important entry into the field of international investment law scholarship. While maintaining a focus on the important Japanese and Asian regions, it also provides a general and up-to-date coverage of relevant international investment law and political risk considerations faced by multinational corporations. It is impressively concise, yet thorough; it is practical, yet takes into account relevant and recent legal scholarship; it is well-written and organized. The ultimate goal is to help foreign investors and their advisors understand the current international investment law framework and climate to enable them to devise strategies to help their clients reduce political risk, and to protect their clients' property rights and investments. This work should be of interest to in-house counsel and international law practitioners, as well as to law students and scholars for its coverage of current international investment law standards, scholarship, and practices." - N. Stephan Kinsella, Attorney, Houston, Texas Co-author, "International Investment, Political Risk, and Dispute Resolution" (OUP, 2005) "This study contributes insightfully to the literature on international economics and, in particular, on the laws protecting foreign investment. The book is unique in two ways. First, it analyzes and measures the impact of such multi-tier legal frameworks as FTAs, investment contracts, FDI regulations and insurance by combining legal interpretative tools and scoring techniques. Second, it adds a new narrative on how Japanese business can use law to secure investments from political risks in the energy sector of foreign countries." - Shujiro Urata, Professor of International Economics Graduate School of Asian Pacific Studies, Waseda University Co-editor, "Economic Consequences of Globalization: Evidence from East Asia" (Routledge, 2012)

Legal and Institutional Framework on Generation & Export of HEP in Ethiopia

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Publisher : LAP Lambert Academic Publishing
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Language : EN, FR, GB
ISBN 10 : 3659746452
Pages : 124 pages
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Rating : 4.7/5 (464 users download)


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Summary Book Review Legal and Institutional Framework on Generation & Export of HEP in Ethiopia :

Download or read book Legal and Institutional Framework on Generation & Export of HEP in Ethiopia written by Birhanu Alaro Ermias and published by LAP Lambert Academic Publishing. This book was released on 2015-07-27 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: Author recommends this book for the lawyers, policy makers, private investors, government official in the energy sectors and hydro-power activist, business and international law or international economic law student, and investment judges since this book focus on legal and institutional frame work on generation and export of Hydro Electric Power by private investors in Ethiopia with possible international experience on hydro energy sector from other countries like USA, UK, France, China and South Africa. finally, He recommend the solution for the existed legal and institutional problems in the area of hydro electric energy generation and export by private investors(foreign investors).

Power and Pluralism in International Law

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Publisher : Routledge
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Language : EN, FR, GB
ISBN 10 : 9781000554205
Pages : 248 pages
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Summary Book Review Power and Pluralism in International Law :

Download or read book Power and Pluralism in International Law written by Edward S. Cohen and published by Routledge. This book was released on 2022-03-11 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Demonstrating the crucial role that private international law and legality has played and continues to play in shaping globalization, this book argues that the rules, institutions, and actors that make up the practice of private international law have been critical in translating political and economic power into legal regimes that have facilitated the processes of globalization. These processes depend on two fundamental types of socio-political action – the legal structuring of emerging transnational spaces and flows of goods, capital, and finance, and the legal-political reconfiguration of state power and priorities to facilitate the growth of these spaces and their penetration into national political-economic-and social spaces. While a variety of processes were involved in these forms of action, the material practices of private international law played a central role in this project of political economic reconstruction. Offering a theory of private international legality as a practice that intersects with and provides a vehicle for the mobilization of political and economic power, this book examines the construction and enrolment of private law expertise and the structural condition of pluralism in the global political economy to argue that private international law has helped construct a global political economy responsive to the priorities of powerful actors and resistant to the demands and interests of the rest of the world’s populations. It will be of interest to academics and students exploring the relationship between law, international political economy and the nature of state power.

International Investment Law and Globalization

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Publisher : Routledge
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Language : EN, FR, GB
ISBN 10 : 9780429946998
Pages : 260 pages
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Rating : 4.4/5 (299 users download)


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Summary Book Review International Investment Law and Globalization :

Download or read book International Investment Law and Globalization written by Jean-Michel Marcoux and published by Routledge. This book was released on 2018-09-03 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a context of neoliberal globalization, have the processes of elaboration and implementation of foreign investors' responsibilities by intergovernmental organizations reached the realm of legality? Using an analytical framework and a methodology that combines international law with international relations, this book provides a twofold answer to this question. First, it demonstrates that the normative integration of foreign investors' responsibilities in international investment law is fragmented and consistent with the interests of the most powerful actors. Second, while using the interactional theory of international law to assess the normative character of several international instruments elaborated and implemented by intergovernmental organizations, it highlights the sense of obligation that each instrument generates. The analysis demonstrates that such a codification process is marked by relations of power and has resulted in several social norms, with relatively few legal norms.

China's International Investment Strategy

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Publisher : Oxford University Press
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Language : EN, FR, GB
ISBN 10 : 9780192562425
Pages : 576 pages
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Rating : 4.1/5 (925 users download)


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Summary Book Review China's International Investment Strategy :

Download or read book China's International Investment Strategy written by Julien Chaisse and published by Oxford University Press. This book was released on 2019-02-07 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since China adopted its 'open door' policy in 1978, which altered its development strategy from self-sufficiency to active participation in the world market, its goal has remained unchanged: to assist the readjustment of China's economy, to coordinate its modernization programs, and to improve its quality of life. With the 1997 launch of the 'Going Global' policy, an outward focus regarding foreign investment was added, to circumvent trade barriers and improve the competitiveness of Chinese firms. In order to accommodate inward and outward investment, China's participation in the international investment regime has underpinned its efforts to join multilateral investment-related legal instruments and conclude international investment agreements. This collection, compiled by award-winning scholar Professor Julien Chaisse, explores the three distinct tracks of China's investment policy and strategy: bilateral agreements including those with the US and the EU; regional agreements including the Free Trade Area of the Asia Pacific; and global initiatives, spear-headed by China's presidency of the G20 and its 'Belt and Road initiative'. The book's overarching topic is whether these three tracks compete with each other, or whether they complement one another - a question of profound importance for the country's political and economic future and world investment governance.

Globalization and International Investment

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Publisher : Routledge
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Language : EN, FR, GB
ISBN 10 : 9781351933049
Pages : 522 pages
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Rating : 4.3/5 (519 users download)


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Summary Book Review Globalization and International Investment :

Download or read book Globalization and International Investment written by Fiona Beveridge and published by Routledge. This book was released on 2017-07-05 with total page 522 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together a broad range of articles on international law and foreign investment which together provide a contemporary overview of the diverse range of issues and perspectives which continue to exercise policy-makers and scholars alike. Central to this collection is the tension between market-oriented reforms on the one hand, raising issues of market access and protection of investors, and corporate social responsibility discourses on the other, raising concerns about environmental protection and respect for human and labour rights. Regional perspectives on these issues reveal differing priorities and approaches.

Public Interests in International Investment Law

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Publisher : Cambridge Scholars Publishing
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Language : EN, FR, GB
ISBN 10 : 9781527526006
Pages : 286 pages
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Rating : 4.5/5 (275 users download)


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Summary Book Review Public Interests in International Investment Law :

Download or read book Public Interests in International Investment Law written by Qiang Ren and published by Cambridge Scholars Publishing. This book was released on 2019-01-17 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are conflicts between the ‘old capitalists’ and ‘new money’ manifest in today’s economy? Are investment treaties, which have traditionally been used to protect capital exporting states, now beginning to cause unwelcome side effects for them? International investment law has long been held as an economic and political instrument in the regime of international investment, with international investment treaties having been concluded to protect foreign investment and investors for a substantial period of time. However, the emerging new economic powers from the Third World are causing this to change. Taking the unique perspective of environmental protection in host states against states’ obligations to protect and promote foreign investments under the existing international investment treaty practice and dispute settlement practices, this book examines this inescapable conflict. This is the first major work in this field to interpret investment treaty provisions by introducing environmental reflection. It offers proposals for rethinking and reshaping the current pro-investor international investment law through taking up broad environmental exceptions.

Prospects in International Investment Law and Policy

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Publisher : Cambridge University Press
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Language : EN, FR, GB
ISBN 10 : 9781107355606
Pages : pages
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Rating : 4.1/5 (73 users download)


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Summary Book Review Prospects in International Investment Law and Policy :

Download or read book Prospects in International Investment Law and Policy written by Roberto Echandi and published by Cambridge University Press. This book was released on 2013-04-18 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The negotiation of a patchy but burgeoning network of international investment agreements and the increasing use to which they are put is generating a growing body of jurisprudence which, while still evolving, requires closer analytical scrutiny. Drawing on many of the most distinguished voices in investment law and policy, and offering novel, multidisciplinary perspectives on the rapidly evolving landscape shaping international investment activity and treaty-making, this book explores the most important economic, legal and policy challenges in contemporary international investment law and policy. It also examines the systemic implications flowing from frenetic recent judicial activism in investment matters and advances several innovative propositions for how best to promote greater overall coherence in rule-design, treaty use and policy making and thus offer a better balance between the rights and obligations of international investors and host states.

Technical Assistance to the People's Republic of China for the Policy, Regulatory, and Institutional Framework for Foreign Direct Investment in the PRC Power Sector

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Publisher :
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ISBN 10 : UOM:39015037485763
Pages : 18 pages
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Rating : 4.3/5 (91 users download)


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Summary Book Review Technical Assistance to the People's Republic of China for the Policy, Regulatory, and Institutional Framework for Foreign Direct Investment in the PRC Power Sector :

Download or read book Technical Assistance to the People's Republic of China for the Policy, Regulatory, and Institutional Framework for Foreign Direct Investment in the PRC Power Sector written by and published by . This book was released on 1995 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Political Economy of International Relations

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Publisher : Princeton University Press
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Language : EN, FR, GB
ISBN 10 : 9780691022628
Pages : 466 pages
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Rating : 4.6/5 (91 users download)


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Summary Book Review The Political Economy of International Relations :

Download or read book The Political Economy of International Relations written by Robert Gilpin and published by Princeton University Press. This book was released on 1987-06-21 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: After the end of World War II, the United States, by far the dominant economic and military power at that time, joined with the surviving capitalist democracies to create an unprecedented institutional framework. By the 1980s many contended that these institutions--the General Agreement on Tariffs and Trade (now the World Trade Organization), the World Bank, and the International Monetary Fund--were threatened by growing economic nationalism in the United States, as demonstrated by increased trade protection and growing budget deficits. In this book, Robert Gilpin argues that American power had been essential for establishing these institutions, and waning American support threatened the basis of postwar cooperation and the great prosperity of the period. For Gilpin, a great power such as the United States is essential to fostering international cooperation. Exploring the relationship between politics and economics first highlighted by Adam Smith, Karl Marx, and other thinkers of the eighteenth and nineteenth centuries, Gilpin demonstrated the close ties between politics and economics in international relations, outlining the key role played by the creative use of power in the support of an institutional framework that created a world economy. Gilpin's exposition of the in.uence of politics on the international economy was a model of clarity, making the book the centerpiece of many courses in international political economy. At the beginning of the twenty-first century, when American support for international cooperation is once again in question, Gilpin's warnings about the risks of American unilateralism sound ever clearer.