Integrating Sustainable Development in International Investment Law: Normative Incompatibility, System Integration and Governance Implications, 1st Edition (e-Book) book cover

Integrating Sustainable Development in International Investment Law

Normative Incompatibility, System Integration and Governance Implications, 1st Edition

By Manjiao Chi

Routledge

210 pages

Purchasing Options:$ = USD
Paperback: 9780367263072
pub: 2019-03-05
SAVE ~$11.59
$57.95
$46.36
x
Hardback: 9781138187887
pub: 2017-10-10
SAVE ~$29.00
$145.00
$116.00
x
eBook (VitalSource) : 9781315642840
pub: 2017-10-10
from $27.48


FREE Standard Shipping!

Description

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.

Reviews

"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

Table of Contents

Introduction

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

Conclusion

About the Author

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.

About the Series

Routledge Global Cooperation Series

The Routledge Global Cooperation series develops innovative approaches to one of the most pressing questions of our time – how to achieve cooperation in a culturally diverse and politically contested global world?

Many key contemporary problems such as climate change and forced migration require intensified cooperation on a global scale. Accelerated globalisation processes have led to an ever-growing interconnectedness of markets, states, societies and individuals. Many of today’s problems cannot be solved by nation states alone and require intensified cooperation at the local, national, regional and global level to tackle current and looming global crises.

We favour books that take an interdisciplinary approach and appeal to an international readership comprised of scholars and postgraduate students.

To submit proposals, please contact the Development Studies Editor, Helena Hurd ([email protected]).

Series Editors:

Tobias Debiel, Dirk Messner, Sigrid Quack and Jan Aart Scholte are Co-Directors of the Käte Hamburger Kolleg / Centre for Global Cooperation Research, University of Duisburg-Essen, Germany. Their research areas include climate change and sustainable development, global governance, internet governance and peacebuilding. Tobias Debiel is Professor of International Relations and Development Policy at the University of Duisburg-Essen and Director of the Institute for Development and Peace in Duisburg, Germany. Dirk Messner is Director of the Institute for Environment and Human Security at the United Nations University in Bonn, Germany. Sigrid Quack is Professor of Sociology at the University of Duisburg-Essen, Germany. Jan Aart Scholte is Professor of Peace and Development at the School of Global Studies, University of Gothenburg, Sweden.

Patricia Rinck is editorial manager of the series at the Centre for Global Cooperation Research.

Learn more…

Subject Categories

BISAC Subject Codes/Headings:
BUS072000
BUSINESS & ECONOMICS / Development / Sustainable Development
POL044000
POLITICAL SCIENCE / Public Policy / Environmental Policy
SOC042000
SOCIAL SCIENCE / Developing Countries