Reconceptualising international investment law: bringing the public interest into private business

2011 ◽  
pp. 295-319 ◽  
Author(s):  
Kate Miles
Keyword(s):  
Public Interest ◽  
International Investment ◽  
Private Business ◽  
International Investment Law ◽  
The Public ◽  
Investment Law

Staatliches Regulierungsinteresse im Investitionsschutzrecht

2019 ◽  
Author(s):  
Alexandra Schuppli
Keyword(s):  
A Priori ◽  
International Investment ◽  
The State ◽  
State Sovereignty ◽  
Development Trends ◽  
Public Discussion ◽  
International Investment Law ◽  
The Public ◽  
Margin Of Appreciation ◽  
Investment Law

The public discussion on the legitimacy of international investment law requires a reevaluation of the concept of state sovereignty in international investment law. The monograph sets out different concepts of an a priori precedence of the interests of the state over the interests of the investor and vice versa. Furthermore, it describes different models of reconciling these interests by way of giving the state a margin of discretion. In particular, the transfer of the margin of appreciation doctrine to international investment law, as well as the concept of empiric and normative deference, are the focus of this monograph. Finally, the author explores how investor-state arbitration achieves a reconciliation of interests by way of interpreting and applying rules of international investment law without the need to apply concepts from other legal systems. Based on these findings, the author evaluates different development trends in the drafting of investment treaties.

Part II Substantive Aspects, Ch.21 Cultural Heritage in International Investment Law

2020 ◽  
Author(s):  
Vadi Valentina
Keyword(s):  
Cultural Heritage ◽  
Direct Investment ◽  
Legal Framework ◽  
International Investment ◽  
Economic Interests ◽  
Public And Private ◽  
International Investment Law ◽  
The Public ◽  
Private Interests ◽  
Investment Law

This chapter evaluates whether the existing legal framework adequately protect cultural heritage vis-à-vis the economic interests of foreign investors. It aims to address this question by examining recent arbitrations and proposing three principal legal tools to foster a better balance between economic and cultural interests in international investment law and arbitration. This recent jurisprudence highlights that arbitral tribunals are increasingly providing consideration to cultural concerns. Yet, the interplay between the protection of cultural heritage and the promotion of foreign direct investment in international investment law and arbitration continues to pose two main problems: one ontological, concerning the essence of international investment law and international law more generally; and one epistemological, concerning the mandate of arbitral tribunals. The chapter then considers three principal avenues that can facilitate a better balance between the public and private interests in international investment law: a ‘treaty-driven approach’; a ‘judicially driven approach’; and counterclaims.

scholarly journals The New Italian Model Bit Between Current and Future Trends

2021 ◽  
Vol 1 (1) ◽  
pp. 113-131
Author(s):  
Maria Chiara Malaguti
Keyword(s):  
International Investment ◽  
Future Trends ◽  
Investment Policies ◽  
International Investment Law ◽  
The Public ◽  
Investment Treaty ◽  
Investment Law ◽  
Italian Model ◽  
Corporate Social ◽  
New Generation

Abstract In 2021, the new Italian Model Bilateral Investment Treaty has been published. It replaced the 2003 Model bit and can be considered as a significant example of the “new generation of bit s”, which try to better balance investor rights with the public prerogatives of States. The Model Treaty also introduces significant innovations as to the conduct of arbitrators and the corporate social responsibility of investors and is also aimed at coordinating Italian and European foreign investment policies. This article offers a view of this new Model bit and tries to insert it in the broader context of the proposed reforms regarding international investment law and arbitration.

Economic Nationalism

2019 ◽  
pp. 47-96
Author(s):  
Prabhash Ranjan
Keyword(s):  
Economic Growth ◽  
Foreign Investment ◽  
International Investment ◽  
Economic Approach ◽  
Economic Nationalism ◽  
International Investment Law ◽  
The Public ◽  
Economic Growth Model ◽  
Investment Law ◽  
Soviet Russia

This chapter looks at the evolution of India’s approach towards international investment law, against the backdrop of India’s overall and economic approach towards foreign investment. After independence, from the period of 1947–1965, India followed a relatively open and liberal foreign investment regime. Jawaharlal Nehru’s economic pragmatism ensured that India kept its doors open to foreign investment though the economic growth model was led by the public sector. India also consciously did not indulge in nationalization of foreign investment in total contradiction to what countries like Soviet Russia and China did. However, India turned towards the Left during Indira Gandhi’s times imposing restrictions on foreign investment. India’s approach towards international investment law, at least at the multilateral level, reflected the domestic approach towards foreign investment. At the bilateral level, India appeared more open to international law on protection of foreign investment although India did not sign a BIT during this phase.

How to Include Environmental Protection, Human Rights and Sustainability in International Investment Law?

2014 ◽  
Vol 15 (3-4) ◽  
pp. 612-644 ◽  
Author(s):  
Karsten Nowrot
Keyword(s):  
Public Interest ◽  
International Investment ◽  
Potential Importance ◽  
Policy Space ◽  
International Investment Law ◽  
Economic Issues ◽  
Present Context ◽  
Policy Shift ◽  
Investment Law ◽  
Investment Agreements

The analysis takes a closer look at the options available to include non-economic issues in the provisions of something like an emerging eu model bit. The first part addresses some underlying reasons for the more recently visible policy shift in international investment law. The subsequent parts are devoted to a discussion of three different categories of regulatory means aimed at incorporating broader public interest concerns into the normative framework of investment agreements. In this connection, the second part provides some thoughts on respective indirect (interpretative) approaches. Subsequently, an assessment will be given of various regulatory options available to explicitly secure an appropriate policy space for host states based on so far rather uncommon stipulations in investment agreements. The fourth section discusses the competence of the treaty parties to exercise interpretative authority over their bits and the potential importance of this approach in the present context.

scholarly journals Possibilities of Limiting the Protection of Large-Scale Investments in Farmland

2020 ◽  
Vol 21 (6) ◽  
pp. 1198-1227
Author(s):  
Zoe Cometti
Keyword(s):  
Adverse Effects ◽  
Public Interest ◽  
Large Scale ◽  
Minority Groups ◽  
International Investment ◽  
International Investment Law ◽  
The Public ◽  
Investment Treaty ◽  
Treaty Reform ◽  
The Right

AbstractLarge-scale investments in farmland can generate adverse effects on food security, minority groups, and the environment. Consequently, this Article analyzes to what extent international investment law has the potential to prevent those effects, considering the current investment treaty reform towards a symmetrical mechanism promoting sustainable development. First this Article presents the current substantive standard on expropriation of large-scale investments in farmland and the regulatory space left for host states. This Article then frames a potential public interest clause that would have the effect of granting due protection to investors and the right to regulate to host states, while not undermining the public interest and also preventing the adverse effects of these investments.

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