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.
Contents: Series preface; Introduction. Law and Foreign Investment: Concepts and Issues: Effective legal systems and foreign direct investment: in search of the evidence, Amanda Perry; BIT by BIT: the growth of bilateral investment treaties and their impact on foreign investment in developing countries, J.W. Salacuse; The political economy of a bilateral investment treaty, Kenneth J. Vandervelde. Dispute Settlement: International development law as applicable to economic development agreements: a prognostic view, A.F.M. Maniruzzaman; The innovation of investor-state arbitration under NAFTA, Barton Legum. Regulating the Multinationals: The concept of the good corporate citizen in international business, Samuel K.B. Asante; Rights, responsibilities and regulation of international business, Sol Picciotto; Current developments: norms on the responsibilities of transnational corporations and other business enterprises with regard to human rights, Davis Weissbrodt and Muria Kruger); Human rights and multinationals: is there a problem?, Peter T. Mulchinski. Foreign Investment in the World Trade Organisations: A first look at investment in the final act of the Uruguay round, Pierre Sauvé; The GATT agreement on trade related investment measures: implications for developing countries and their relationship with transnational corporations, Oliver Morrissey and Yogesh Rai. An International Agreement for Investment?: Multilateral agreement in investment (MAI), Saman Zia-Zarifi; Multilateral rules on FDI: do we need them? Will we get them? A developing country perspective, Stephen Young and Anna Teresa Tavares. The Regulation of Foreign Investment and the Public Interest: Striking a Balance?: Environmental regulation, investment protection and 'regulatory taking' in international law, Thomas WÃ¤lde and Abba Kolo); NAFTA's investment chapter: initial thoughts about second-generation rights, Charles H. Brower II . Regional Perspectives: The new partnership for Africa's development