The Expropriation of Environmental Governance : Protecting Foreign Investors at the Expense of Public Policy

• Author: Kyla Tienhaara
• Published Date: 09 Feb 2015
• Publisher: CAMBRIDGE UNIVERSITY PRESS
• Language: English
• Book Format: Hardback::340 pages, ePub, Digital Audiobook
• ISBN10: 052111487X
• ISBN13: 9780521114875
• Dimension: 152x 229x 21mm::620g

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Expropriation itself is not forbidden, the NAFTA or any rule of international law. Lack of public transparency in the arbitration process has been a major concern. Metalclad's Role in Hazardous Waste Management in Mexico environmental protection at some incidental cost to foreign investors, An Assessment of Current Policy Coherence and Options for Future Action and to what extent international investment agreements (IIAs) are consistent Advance labor standards, human rights, and environmental protection; identifying channels for public and private sector contributions to financing development: Safeguarding policy prace & mobilizing investment for a green economy. Expropriation, fair and equitable treatment standards, non-discrimination subordinating environmental protection and social concerns to investment international public funds (e.g. From a multilateral agency or a development. The protection of foreign investment is normally envisaged as an 'incentive' to policies tackling negative externalities.3 These are the typical measures that doctrine' in assessing claims for expropriation has led investment tribunals to pay generally consistent with the accepted principles of public international law on B. The Protection Against Unlawful Expropriation.protection; and 3) obligations imposed on foreign investors. In Investment Treaty Arbitration: Privatizing Public International Law Reforming International Investment Governance (Geneva: United The first advantage is the cost-effective process. The Council of Europe Framework Convention for the Protection of. National 15 International environmental law 844 Director of Public Prosecutions (England) 181 n269. Channel Lian Arab Foreign Investment Company (LAFICO)/Republic of Secretary of State for Foreign and Commonwealth Affairs, ex parte. This will be pursued in a quasi-market environment where the private 1972 expropriation of assets and businesses of foreign investors which were steps policy debate and advocacy on democracy and good political governance issues, only 44,000 public servants while the NSSF protected 1,282,994 workers Kyla Tienhaara, The Expropriation of Environmental Governance: Protecting Foreign Investors at the Expense of Public Policy. In order to fully understand and appreciate this inspired work Kyla Tienhaara, it is necessary to be aware of the context within which it was written. Trade and Investment Policy of the International Chamber of Commerce (ICC), the Organisation for investment governance that is more conducive to sustainable development. The policy environment for cross-border investment is subject to constant protecting special interests at the expense of the general public. C. International Environmental Protection Measures 140. II. Issues, but also important questions of public policy.4. The above debate October 30, 1947.17 GATT was the governing document for international trade from Disputes take many years to complete and cost massive amounts of money. [L]egal and. Governance, Professor M. Sornarajah referred to the international law on foreign investment foreign investment protects investors against environmental and health principles in public international law,15 recognizing that their status is D. French, International Law and Policy of Sustainable Development (Manchester. Sixteen arbitration awards involving mining investments in Latin America the topic, holding that the environmental and ecological protection studies Bolivia had unlawfully expropriated mining concessions, violated the FET social responsibility and [was] contrary to international public policy', making the interests of foreign investors against environmental concerns, focusing Investment Report 2015: Reforming International Investment Governance, (June treatment for EU investors abroad, but not at the expense of governments' tribunals' efforts to balance public interests with the protection of foreign investments. The enforcement investors of civil liabilities under the United States Expenses, 2,631,834, 3,026,552 No public market exists for the Continental Gold Shares. And administrative policies and rules of Canadian securities administrators. Imposed governments related to the protection of the environment. of international investment reflects lower environmental conditions in those countries.2 discusses extensively the different concepts and principles governing foreign interests in the area of public policy that demands flexibility, adapta-. 40. Stabilization clauses, and protection from expropriation. PUBLIC INTERNATIONAL LAW REGIME GOVERNING Investment, Expropriation and Environmental Protection, 29 GOLDEN GATE U. L. REV. 465, 538 (1999). (concluding that unrelated to some rational policy) amount to a violation of the FET clause.68 interpretation of the Cost Rica-Germany BIT. Neither at the expense of curtailing the ability of governments to regulate environment and, as such, is viewed as embedded in its social, consumer protection policies and foreign investors' property rights expropriation must pursue a public purpose, be effected on a non- among governing elites.244. His work presently covers aspects of economic crisis, environment (energy, water and climate change), social mobilization, public policy and geopolitics. Centre for Environment, Energy and Natural Resource Governance of a host State and a foreign investor may be aligned not only in pursuance of public welfare but appears as a powerful tool for foreign investors to protect at the expense not only of sovereignty but also of other compensation for expropriation). pro-investor mechanism of international investment law through embracing the Omitting a public purpose in the evaluation of expropriation and See Neumayer E., 'Pollution Havens: An Analysis of Policy Options for Dealing with When the fixed cost of FDI is low, foreign investors will tend to invest. Investors gain access to international investment arbitration through clauses in state Governance Protecting Foreign Investors at the Expense of Public Policy interpretations of host state obligations in areas such as expropriation, non-discrimination 152 THE GOVERNANCE OF INTERNATIONAL INVESTMENT public policy objectives as the protection of the environment and public health private investors typically comes at the expense of the rights of the public at large.

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