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Trouble with Foreign Investor Protection

Van Harten, Gus
Innbundet / 2020 / Engelsk

Produktdetaljer

ISBN
9780198866213
Publisert
2020
Utgiver
Vendor
Oxford University Press
Vekt
498 gr
Høyde
242 mm
Bredde
163 mm
Dybde
18 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
224

Forfatter
Van Harten, Gus

Biografisk notat

Gus Van Harten is a professor at Osgoode Hall Law School of York University, where he has taught for 12 years since completing his PhD and teaching at the London School of Economics. He specializes in international investment law and administrative law and is a leading academic critic of investor-state dispute settlement (ISDS), having written several books and dozens of academic articles on the subject.

Trouble with Foreign Investor Protection

Van Harten, Gus
Innbundet / 2020 / Engelsk
Van Harten, Gus
Innbundet / 2020 / Engelsk
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...this monograph has to be an addition to any serious collection on international investment law.

Martin Jarrett, Heidelberg, Buchbesprechungen

The Trouble with Foreign Investor Protection is a sweeping critique of international investment law and the legal community that supports it. The book is strongest when van Harten points out in accessible language the deficiencies of what he considers a deeply flawed system.

Fabian Simon Eichberger, European Journal of International Law

The Trouble with Foreign Investor Protection does not only look at the treaties, individual cases and now all too commonly known accusations such as the 'chilling effect', secrecy or the lack of judicial oversight over ICSID cases but also at the greater picture - the 'leading hawks of ISDS' - and the sociological involvement and influence of individual arbitrators themselves.

Ralph Janik, Austrian Review of International and European Law

Governments are rightly discussing reform of investment treaties, and of the incredibly powerful system of 'investor-state dispute settlement' (ISDS) upon which they rest. At their core, ISDS treaties are flawed because they very firmly institute wealth-based inequality under international law. In this book, Van Harten explores these claims in the light of the history of early ISDS treaties showing their ties to decolonization and, at times, extreme violence and authoritarianism. Focusing on early ISDS lawsuits and rulings, it is revealed how a small group of lawyers and arbitrators worked to create the legal foundations for massive growth of ISDS since 2000. ISDS-based protections are examined in detail to demonstrate how they give exceptional advantages to the wealthy. Various examples are also offered of how the protections have been used to reconfigure state decision-making and shift sovereign minds in favour of foreign investors. Lastly, the ongoing efforts of governments to reform ISDS are surveyed, with a call to go further or, best of all, to withdraw from the treaties. This book is essential reading for anyone wanting to know more about the shady world of investment protection.
Les mer
At their core, ISDS treaties are flawed because they very firmly institute wealth-based inequality under international law. In this book, Van Harten explores these claims in the light of the history of early ISDS treaties.
Les mer
Preface 1: Fortifying Inequality 2: Origins of ISDS Treaties 3: Activation of the Treaties 4: The Most Powerful Protections 5: Special Access to Public Funds 6: Intimidating Sovereigns 7: Fault Lines and the Future of ISDS Bibliography Index
Les mer
A rigorous and accessible account of the criticisms of foreign investor protections Proposes a way forward to address and overcome inequality in dispute settlement Essential reading for academics, policy-makers, economists, and all those seeking to address the imbalance in Investor-State Dispute Settlement Provides an overview of the origins and design of investment treaties
Les mer
Gus Van Harten is a professor at Osgoode Hall Law School of York University, where he has taught for 12 years since completing his PhD and teaching at the London School of Economics. He specializes in international investment law and administrative law and is a leading academic critic of investor-state dispute settlement (ISDS), having written several books and dozens of academic articles on the subject.
Les mer
A rigorous and accessible account of the criticisms of foreign investor protections Proposes a way forward to address and overcome inequality in dispute settlement Essential reading for academics, policy-makers, economists, and all those seeking to address the imbalance in Investor-State Dispute Settlement Provides an overview of the origins and design of investment treaties
Les mer

Relaterte produkter

...this monograph has to be an addition to any serious collection on international investment law.

Martin Jarrett, Heidelberg, Buchbesprechungen

The Trouble with Foreign Investor Protection is a sweeping critique of international investment law and the legal community that supports it. The book is strongest when van Harten points out in accessible language the deficiencies of what he considers a deeply flawed system.

Fabian Simon Eichberger, European Journal of International Law

The Trouble with Foreign Investor Protection does not only look at the treaties, individual cases and now all too commonly known accusations such as the 'chilling effect', secrecy or the lack of judicial oversight over ICSID cases but also at the greater picture - the 'leading hawks of ISDS' - and the sociological involvement and influence of individual arbitrators themselves.

Ralph Janik, Austrian Review of International and European Law

Governments are rightly discussing reform of investment treaties, and of the incredibly powerful system of 'investor-state dispute settlement' (ISDS) upon which they rest. At their core, ISDS treaties are flawed because they very firmly institute wealth-based inequality under international law. In this book, Van Harten explores these claims in the light of the history of early ISDS treaties showing their ties to decolonization and, at times, extreme violence and authoritarianism. Focusing on early ISDS lawsuits and rulings, it is revealed how a small group of lawyers and arbitrators worked to create the legal foundations for massive growth of ISDS since 2000. ISDS-based protections are examined in detail to demonstrate how they give exceptional advantages to the wealthy. Various examples are also offered of how the protections have been used to reconfigure state decision-making and shift sovereign minds in favour of foreign investors. Lastly, the ongoing efforts of governments to reform ISDS are surveyed, with a call to go further or, best of all, to withdraw from the treaties. This book is essential reading for anyone wanting to know more about the shady world of investment protection.
Les mer
At their core, ISDS treaties are flawed because they very firmly institute wealth-based inequality under international law. In this book, Van Harten explores these claims in the light of the history of early ISDS treaties.
Les mer
Preface 1: Fortifying Inequality 2: Origins of ISDS Treaties 3: Activation of the Treaties 4: The Most Powerful Protections 5: Special Access to Public Funds 6: Intimidating Sovereigns 7: Fault Lines and the Future of ISDS Bibliography Index
Les mer
A rigorous and accessible account of the criticisms of foreign investor protections Proposes a way forward to address and overcome inequality in dispute settlement Essential reading for academics, policy-makers, economists, and all those seeking to address the imbalance in Investor-State Dispute Settlement Provides an overview of the origins and design of investment treaties
Les mer
Gus Van Harten is a professor at Osgoode Hall Law School of York University, where he has taught for 12 years since completing his PhD and teaching at the London School of Economics. He specializes in international investment law and administrative law and is a leading academic critic of investor-state dispute settlement (ISDS), having written several books and dozens of academic articles on the subject.
Les mer
A rigorous and accessible account of the criticisms of foreign investor protections Proposes a way forward to address and overcome inequality in dispute settlement Essential reading for academics, policy-makers, economists, and all those seeking to address the imbalance in Investor-State Dispute Settlement Provides an overview of the origins and design of investment treaties
Les mer

Produktdetaljer

ISBN
9780198866213
Publisert
2020
Utgiver
Vendor
Oxford University Press
Vekt
498 gr
Høyde
242 mm
Bredde
163 mm
Dybde
18 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
224

Forfatter
Van Harten, Gus

Biografisk notat

Gus Van Harten is a professor at Osgoode Hall Law School of York University, where he has taught for 12 years since completing his PhD and teaching at the London School of Economics. He specializes in international investment law and administrative law and is a leading academic critic of investor-state dispute settlement (ISDS), having written several books and dozens of academic articles on the subject.

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