Integrating Sustainable Development in International Investment Law
Normative Incompatibility, System Integration and Governance Implications
The current international investment law system is insufficiently compatible with sustainable development. To better address sustainable development concerns associated with transnational investment activities, international investment agreements should be made more compatible with sustainable development.
Integrating Sustainable Development in International Investment Law presents an important systematic study of the issue of sustainable development in the international investment law system, using conceptual, normative and governance perspectives to explore the challenges and possible solutions for making international investment law more compatible with sustainable development. Chi suggests that to effectively address the sustainable development concerns associated with transnational investment activities, the international investment agreements system should be reformed. Such reform should feature redesigning the provisions of the agreements, improving the structure of international investment agreements, strengthening the function of soft law, engaging non-state actors and enhancing the dispute settlement mechanism.
The book is primarily aimed at national and international treaty and policy-makers, lawyers and scholars. It is also suitable for graduate students studying international law and policy-making.
Table of Contents
Part I The Sustainable Development Challenges for IIAs
Chapter 1. Sustainable Development and IIA
Chapter 2. Assessment of the Existing Models and Proposals
Part II Core Sustainable Development Provisions in IIAs
Chapter 3. Substantive Provisions
Chapter 4. Exceptive Provisions
Chapter 5. Public Interest Provisions
Chapter 6. Procedural Provisions
Part III Transforming IIAs to Be More Compatible with Sustainable Development
Chapter 7. "Re-Conceptualizing" IIAs from Governance Perspective
Chapter 8. Curing the Compatibility Gap between IIAs and Sustainable Development
Manjiao Chi is a Professor of International Law at Xiamen University, the People’s Republic of China, Deputy Security-General, the Administrative Council of Xiamen Academy of International Law, and was a Senior Fellow at the Centre for Global Cooperation Research, Germany.
"Manjiao Chi has written an excellent work on the existing efforts of integrating the goals of sustainable development into the framework of investment agreements. The book defines sustainable development as the goal to be achieved, its incorporation within investment treaties and the improvements that could be made to make such incorporation more effective so that investment protection could be enmeshed with the achievement of the goals of sustainable development. This work will have a definite impact on the future course of the development of the international law on foreign investment." — M. Sornarajah, CJ Koh Professor of Law, Faculty of Law, National University of Singapore
"This is a first rate primer on how to think about ‘sustainable development’ for purposes of the international investment regime. Professor Manjiao Chi goes beyond the obvious, such as mentioning "sustainable development" in the preambles of investment treaties, to consider, for example, how changes to substantive investment obligations and to the procedures applicable within investor-state arbitrations can further the economic and other goals associated with "sustainable development." He also makes a plausible case that changes to investment treaties, including moves in favor of greater transparency and amicus participation, can make a useful contribution to our understanding of what the vague, but often cited, principle of "sustainable development" means." — José E. Alvarez, Herbert and Rose Rubin Professor of International Law, NYU School of Law, USA