General Interests of Host States in International Investment Law
Book Details
Format
Hardback or Cased Book
Book Series
Cambridge International Trade and Economic Law
ISBN-10
1107050235
ISBN-13
9781107050235
Publisher
Cambridge University Press
Imprint
Cambridge University Press
Country of Manufacture
GB
Country of Publication
GB
Publication Date
May 29th, 2014
Print length
478 Pages
Weight
836 grams
Dimensions
16.00 x 23.20 x 3.10 cms
Product Classification:
International economic & trade lawPublic international law: economic and trade
Ksh 23,600.00
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Balancing the non-economic interests of host States and the treaty rights of foreign investors is key for regulators, policy makers and treaty negotiators. This volume examines how to maintain a State's right and duty to take action while respecting its international commitments toward foreign investors and controlling protectionist tendencies.
Signatory States have the right to take action in order to maintain their financial stability, stimulate economic development or further their non-economic interests (such as health, the environment and food security). However, such measures can potentially conflict with the rights of foreign investors. Regulators and policy makers must take States' international commitments toward foreign investors into account when making decisions. They must also avoid resorting to protectionism in drafting new treaties. With this tension in mind, this book offers a balanced reappraisal of bilateral treaties and regional agreements on foreign investments. The sensitive issues are examined in the light of the case law of arbitral investment tribunals and other international courts, and the analysis highlights how cross-fertilisation between trade and investment can assist in resolving conflicts.
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