Sustainable mining, human rights and foreign investment

2017 ◽  
pp. 287-309
Author(s):  
Abdullah Al Faruque
Keyword(s):  
Human Rights ◽  
Foreign Investment ◽  
Sustainable Mining

Contingency in International Law

2021 ◽  
Keyword(s):  
Human Rights ◽  
Natural Resources ◽  
International Law ◽  
Present State ◽  
Foreign Investment ◽  
Armed Conflict ◽  
The Past ◽  
Present Volume ◽  
State Of Affairs ◽  
The Way

This volume asks a question that is deceptive in its simplicity: Could international law have been otherwise? In other words, what were the past possibilities, if any, for a different law? The search for contingency in international law is often motivated, including in the present volume, by the refusal to accept the present state of affairs and by the hope that recovering possibilities of the past will facilitate a different future. The volume situates the search for contingency theoretically and within many fields of international law, such as human rights and armed conflict, migrants and refugees, the sea and natural resources, and foreign investment and trade. Today there is hardly a serious account that would consider the path of international law to be necessary and that would deny the possibility of a different law altogether. At the same time, however, behind every possibility of the past stands a reason – or reasons – why the law developed as it did. Those who embark in search of contingency soon encounter tensions when they want to recover past possibilities without downplaying patterns of determination and domination. Nevertheless, while warring critical sensibilities may point in different directions, only a keen sense of why things turned out the way they did makes it possible to argue about how they could plausibly have turned out differently.

scholarly journals China’s Foreign Investment and Assistance: Implications for Cambodia’s Development and Democratization

2009 ◽  
Author(s):  
Kheang Un
Keyword(s):  
Economic Development ◽  
Human Rights ◽  
Foreign Direct Investment ◽  
Foreign Investment ◽  
Direct Investment ◽  
Developing World ◽  
Development Assistance ◽  
Economic Prosperity ◽  
Positive Effects ◽  
The Past

With a strong economy and newly acquired confidence following three decades of rapid economic expansion, China has pursued an outward looking policy based upon foreign direct investment, development assistance and trade targeting particularly the developing world. Such expansion has drawn concerns over its impact on human rights, democratization and the environment. This paper assesses these concerns by examining Sino-Cambodia relations over the past sixteen years. It concludes that while trade, development assistance, and investment have had positive effects on Cambodia’s economic development, concerns that these engagements have derailed deeper democratization in Cambodia are not deterministic. Cambodia’s authoritarian trajectory is less a product of China’s engagement and more of the Cambodian elites’ defiance of Western efforts at democratic promotion and belief in state developmentalism—economic prosperity with tight political control.

Ethiopian protest risk rises as emergency declared

2016 ◽  
Keyword(s):  
Human Rights ◽  
Foreign Investment ◽  
Developing Economies ◽  
Risk Tolerance ◽  
The State ◽  
Internet Usage ◽  
State Of Emergency ◽  
Security Forces ◽  
Content Type

Significance The declaration came a week after reports emerged that protestors were attacking foreign businesses in the country as well as government property. Under the state of emergency, security forces will have expanded powers to search homes without warrants, detain individuals and restrict rights of assembly. Impacts Most foreign investment comes from firms based in other developing economies that have a high (but not unlimited) risk tolerance. Ethiopian claims of Egyptian and Eritrean links to violent protesters are tenuous and are meant to shift causality to external issues. Donors have limited traction and will push only for an outcome that yields stability rather than improvements in human rights. Further restrictions on communication (especially internet usage) are likely.

scholarly journals Resource Nationalism in the Law and Policies of Indonesia: A Contest of State, Foreign Investors, and Indigenous Peoples

2019 ◽  
Vol 9 (2) ◽  
pp. 298-333
Author(s):  
M.Y. Aiyub KADIR ◽  
Alexander MURRAY
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Legal System ◽  
Foreign Investment ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Foreign Investors ◽  
Resource Nationalism ◽  
International Human

AbstractThis paper examines resource nationalism in the legal system of Indonesia under the interpretation of Articles 33(2), 33(3), and 18B(2) of the 1945 Constitution. It will describe the evolution of the meaning of resource nationalism since independence to the present day, in the context of foreign investment, to investigate the extent to which resource nationalism has benefited indigenous peoples. This paper argues that resource nationalism in the legal system of Indonesia has been driven by state-centric goals and has strayed far away from considerations of the benefits to the indigenous people (Masyarakat Hukum Adat/MHA), so as to dominantly benefit the elites of government and foreign investors. This paper will introduce a new conceptual framework in order to develop an effective argument about resource nationalism using International Human Rights Law.

Wasaṭiyyah and Globalization

2015 ◽  
Author(s):  
Mohammad Hashim Kamali
Keyword(s):  
Human Rights ◽  
Social Mobility ◽  
Foreign Investment ◽  
Consumer Culture ◽  
Effective Means ◽  
The Other ◽  
Muslim World ◽  
Traditional Values ◽  
Advantages And Disadvantages ◽  
Islamic Principle

This chapter advances a perspective on advantages and disadvantages of globalization, as well as how it is perceived by the weaker economies, and the Muslim world generally. On one hand, globalization has the potential to provide for easier communication; a more effective means of addressing matters such as human rights, public accountability, women’s issues, and dealing with corrupt dictators; and an expansion of trade and foreign investment, which, in turn, often accelerates social mobility and strengthens the middle class. On the other hand, globalization tends to bring about greater disparity between the haves and have-nots, as well as popularizing a consumer culture and placing greater emphasis on materialist possessions that erode traditional values. After delving into both sides of this phenomenon, the chapter discusses the view that the Islamic principle of unity (tawhid) has strong pro-globalization characteristics.

Foreign Investment, Sovereign Debt, and Human Rights

2018 ◽  
pp. 129-145 ◽  
Author(s):  
Matthias Goldmann
Keyword(s):  
Human Rights ◽  
Foreign Investment ◽  
Sovereign Debt ◽  
Debt Crisis ◽  
Economic Rights ◽  
Host State ◽  
Investment Protection ◽  
State Investment ◽  
Regulatory Powers ◽  
Significant Factors

Foreign investment is perceived as one of the most significant factors for development and it is no accident that a key criterion for determining that an activity qualifies as an investment under the ICSID Convention is whether it contributes to the economic or other development of the host state. Investment tribunals have in recent years examined the ambit of regulatory powers of the host state in taking measures in response to an existing debt crisis, but investment tribunals have not conclusively, or unanimously, linked socio-economic rights with investment protection. This chapter will examine the sovereign debt-related awards of investment tribunals and how foreign investment may contribute to the accumulation of sovereign debt as well as how it may be used as a tool to decrease such debt.

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