000 04848cam a22002898i 4500
003 OSt
005 20141212105701.0
008 131104s2014 nyu b 001 0 eng
020 _a9781107050235
040 _cSLSN
082 0 0 _a346.092
_223
_bSAC.G
245 0 0 _aGeneral interests of host states in international investment law /
_cedited by Giorgio Sacerdoti with Pia Acconci, Mara Valenti, Anna De Luca.
260 _aUnited Kingdom.
_bCambridge University Press.
_c2014.
300 _ap. cm.
490 0 _aCambridge international trade and economic law ;
_v13
504 _aIncludes bibliographical references and index.
505 8 _aMachine generated contents note: Part I. General Interests of Host States in the Application of Investment Treaties: 1. The application of BITs in time of economic crisis: limits to their coverage, necessity and the relevance of WTO law Giorgio Sacerdoti; 2. The protection of general interests of host states in the application of the fair and equitable treatment standard Mara Valenti; 3. Indirect expropriations and regulatory takings: what role for the 'legitimate expectations' of foreign investors? Anna De Luca; 4. Trade and investment law: what relations? Friedl Weiss; 5. On the evolution and slow convergence of international trade and investment law Jurgen Kurtz; 6. Sovereign wealth funds as protected investors under BITs and the safeguard of the national security of host states Michele Barbieri; Part II. The Protection of Non-investment Concerns in International Investment Law: 7. The integration of non-investment concerns as an opportunity for the modernization of international investment law: is a multilateral approach desirable? Pia Acconci; 8. Intellectual property protection in investment agreements and public concerns Antonietta Di Blase;; 9. Up-keeping non-economic values in development assistance. Does the World Bank practice what it preaches? Answers from the Inspection Panel Agostina Latino; 10. The protection of indigenous peoples concerns in the World Bank-funded projects Martina Guidi; Part III. The Protection of General Interests of Host States and the EU as a New Player in the Investment Arena: 11. The future of BITs between EU member states: are intra-EU BITs compatible with the internal market? Paola Mariani; 12. European Union restrictions to the free movement of capital vs. BITs guarantees: learning from the European Court of Justice case law Elsa Milanesi; 13. Ensuring the consistency of the EU investment policy within the EU external action: the relevance of non-trade values Alessando Perfetti; 14. Non-financial concerns in the lending policy of the European Investment Bank in context Emanuela Pistoia; Part IV. The Protection of General Interests of Host States in the Trade and Investment Context: Other Regional Perspectives: 15. The protection of general interests of host states in regional agreements in the Asia-Pacific area Claudio Dordi; 16. Domestic policies and international investment agreements in MERCOSUR countries Arno Dal Ri and Paulo De Alcântara Veloso; Part V. The Protection of General Interests of Host States from the Italian Perspective: 17. Italy's treaty practice and case law: what balance between investors' protection and general interests of states? Federico Ortino and Domenico Di Pietro; 18. Diplomatic intervention and state-to-state arbitration as alternative means for the protection of foreign investments and host states' general interests: the Italian experience Matilde Recanati.
520 _a"Signatory States have the right to take action in order to maintain their financial stability, stimulate economic development or further their non-economic interests (such as health, the environment and food security). However, such measures can potentially conflict with the rights of foreign investors. Regulators and policy makers must take States' international commitments toward foreign investors into account when making decisions. They must also avoid resorting to protectionism in drafting new treaties. With this tension in mind, this book offers a balanced reappraisal of bilateral treaties and regional agreements on foreign investments. The sensitive issues are examined in the light of the case law of arbitral investment tribunals and other international courts, and the analysis highlights how cross-fertilisation between trade and investment can assist in resolving conflicts"--
650 0 _aInvestments, Foreign (International law)
650 0 _aInvestments, Foreign
_xLaw and legislation.
650 0 _aInternational commercial arbitration.
650 7 _aLAW / International.
_2bisacsh
700 1 _aSacerdoti, Giorgio,
_eeditor of compilation
_eauthor.
906 _a7
_bcbc
_corignew
_d1
_eecip
_f20
_gy-gencatlg
942 _2ddc
955 _bxg06 2013-11-04
_cxg06 2013-11-04 ONIX
999 _c255696
_d255696