Download PDF Public Health in International Investment Law and Arbitration (Routledge Research in International Economic Law)
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Book Details :
Published on: 2012-07-17
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Original language: English
Is a State free to adopt measures to protect the public health of its citizens If so, what are the limits, if any, to such regulatory powers This book addresses these questions by focusing on the clash between the regulatory autonomy of the state and international investment governance. As a wide variety of state regulations allegedly aimed at protecting public health may interfere with foreign investments, a tension exists between the public health policies of the host state and investment treaty provisions. Under most investment treaties, States have waived their sovereign immunity, and have agreed to give arbitrators a comprehensive jurisdiction over what are essentially regulatory disputes. Some scholars and practitioners have expressed concern regarding the magnitude of decision-making power allocated to investment treaty tribunals. This book contributes to the current understanding of international investment law and arbitration, addressing the fundamental question of whether public health has and/or should have any relevance in contemporary international investment law and policy. With a focus on the ‘clash of cultures’ between international investment law and public health, the author critically analyses the emerging case law of investment treaty arbitration and considers the theoretical interplay between public health and investor rights in international investment law. The book also explores the interplay between investment law and public health in practice, focusing on specific sectors such as pharmaceutical patents, tobacco regulation and environmental health. It then goes on to analyze the available means for promoting consideration of public health in international investment law and suggests new methods and approaches to better reconcile public health and investor rights. International Humanitarian Law - Research Guide ... International Humanitarian Law also known as the Laws of War or Law of Armed Conflict is the part of public international law that regulates international and non ... LLM - University of London International Programmes Study the LLM (Master of Laws) by distance learning. A flexible internationally recognised postgraduate law degree from the University of London The Law and Legal Research in Swaziland - GlobaLex UPDATE: The Law and Legal Research in Swaziland . By Buhle Dube and Alfred Magagula. Update by Alfred Magagula and Sibusiso Nhlabatsi . Alfred Sgcibelo Magagula is a ... Good governance - Wikipedia Good governance is an indeterminate term used in the international development literature to describe how public institutions conduct public affairs and manage public ... LLM Postgraduate Laws - specialisation International ... Gain an LLM with a specialisation in International Business Law by distance learning. The LLM (Master of Laws) is an internationally recognised postgraduate law ... International Committee of the Red Cross (ICRC) The International Committee of the Red Cross (ICRC) ensuring humanitarian protection and assistance for victims of war and other situations of violence. Welcome to the official South African government online site! Official entry point to South African government provides news and information along with background material about the land its people and history. Includes ... David L. Gregory St. John's University David L. Gregory is the Dorothy Day Professor of Law and the Executive Director of the Center for Labor and Employment Law. Prior to joining the St. Johns Law ... Law - Wikipedia The philosophy of law is commonly known as jurisprudence. Normative jurisprudence asks "what should law be?" while analytic jurisprudence asks "what is law?" Seminars and Events - Centres & Institutes - The ... SCIL / CAPLUS Symposium: "International Investment Arbitration Across Asia" Treaty-based investor-state arbitration (or ISDS more generally) is an ...
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