Increasingly, transnational corporations, developed countries and private actors are broadening the boundaries of their investments into new territories, in search of a higher return on capital. This growth in direct foreign investment involves serious concerns for both the investor and host state. Various exponents of international civil society and non-governmental organisations persuasively claim that such growth in foreign investments constitutes potential and serious hazards both to the environment and the fundamental rights and freedoms of local populations.
This book explores from an international law perspective the complex relationship between foreign investments and common concerns, i.e. values that do not coincide, or do not necessarily coincide, with the interests of the investor and of the host state. It pays particular attention to the role of the main international development banks in reconciling the needs of foreign investors with the protection of common concerns, such as the environment, human rights and labour rights. Among its collection of essays, the volume asks how much "regulatory space" investment law leaves; whether international investment law is an effective means of balancing contrasting interests, and whether investment arbitration currently constitutes a mechanism of global governance.
In collecting the outlooks of various experts in human rights, environmental and international economic law, this book breaks new ground in exploring how attention to its legal aspects may help in navigating the relationship between foreign investment and common concerns. In doing so, the book provides valuable insights into the substantive issues and institutional aspects of international investment law.
Table of Contents
1. introduction, Foreign Investments and Common Concerns, Tullio Treves Part 1: General International Law Issues 2. The Jurisprudence of Investment Treaty Tribunals: Betweeen public good and common concern, Stephan Schill 3. Regulatory Measures, Standards of Treatment and the Law Applicable to Investment Disputes, Paolo Bertoli and Zeno Crespi Reghizzi 4. Investor Rights and Well-Being: Remarks on the interpretation of investment treaties in light of other rights, Luigi Crema 5. Necessity Exceptions, the Argentine Crisis and Legitimacy Concerns: Or the Benefits of a Public International Law Approach to Investment Arbitration, Christina Binder 6. The Role of Amicus Curiae in Investment Disputes: Striking a balance between confidentiality and broader policy considerations, Chiara Ragni 7. Standards and Guidelines: Some interfaces with private investments, Laurence Boisson de Chazournes Part 2: Institutional Aspects 8. The World Bank Guidelines on the Treatment of Foreign Direct Investment 20 Years On, Francesco Seatzu 9. Non Trade Values Protection and Investment Protection in EU Investment Policy, Anna De Luca 10. Going Green at the European Investment Bank: An environmental policy for non EU lending, Sara De Maria 11. Promoting Investments in Sustainable Development Through Multilateral Environmental Agreements, Francesca Romanin Jacur Part 3: Common Concerns: Selected Issues 12. Mapping Environmental Concerns in International Investment Agreements: How far have we gone?, Michele Potesta 13. Environmental Expropriation in International Investment Law, Paolo Vargiu 14. Applying Corporate Social Responsibility to Foreign Investments: Failures and prospects, Angelica Bonfanti 15. Foregin Investments in the Offshore Energy Industry: Investment protection v. energy security v. protection of the marine environment, Seline Trevisanut 16. Right to Property, Investments and Environmental Protection: The perspectives of the European and Inter-American Courts of Human Rights, Cesare Pitea 17. The Protection of Cultural Rights and Cultural Heritage in International Investment Law and Arbitration, Giulia Bigi 18. International Investment Law and the International Protection of Workers' Rights, Stefano Brugnatelli 19. Public Interest Concerns in International Investment Arbitration in the Water Services Sector, Attila Tanzi 20. Sovereign Debt Restructuring and Investment Protection, Annamaria Viterbo
Tullio Treves is Professor of International Law at the University of Milan, Italy and a former Judge at the International Tribunal for the Law of the Sea.
Francesco Seatzu is Professor of International and European Union Law at the University of Cagliari, Italy.
Seline Trevisanut is a Marie Curie Fellow and Assistant Professor at the Netherlands Institute for the Law of the Sea of Utrecht University.