Public participation and foreign investment law : from the creation of rights and obligations to the settlement of disputes / edited by Eric deBrabandere, Tarcisio Gazzini, Avidan Kent.

Format:

Book

Contributor:

Kent, Avidan, editor.

Gazzini, Tarcisio, editor.

deBrabandere, Eric, editor.

Series:

Nijhoff international investment law series ; Volume 16.

Nijhoff International Investment Law Series ; Volume 16

Language:

English

Subjects (All):

Dispute resolution (Law).

International commercial arbitration.

Investments, Foreign (International law).

Physical Description:

1 online resource.

Place of Publication:

Leiden ; Boston : Brill, [2021]

Summary:

"Public Participation and Foreign Investment Law offers a systematic treatment of public participation from the standpoint of the three main sources of foreign investment law, namely treaties, legislation and contracts. It identifies and critically discusses the different forms of public participation that can be found or envisaged in foreign investment law. From this perspective, the book looks at public participation as vehicle to strike a balance between private and public rights and interests. This book contributes to the understanding of the current forms, level and impact of public participation. It provides indications on how such participation could be enhanced with a view of improving the balance and legitimacy of the legal instrument related to the promotion and protection of foreign investments"-- Provided by publisher.

Contents:

Public participation in international investment law : setting the scene / Avidan Kent, Tarcisio Gazzini and Eric De Brabandere

Exploring the legal framework for international investment / Yenkong Ngangjoh Hodu

Public participation and international investment law : towards a new settlement? / Lorenzo Cotula

The evolving concept of public participation : from Rio to Mauritius / Avidan Kent

Public participation in investment treaty making / Chrysoula Mavromati and Sarah Spottiswood

How to ensure public participation in FTA negotiations? A critical analysis of the instruments used in the FTA-making process / Maria Laura Marceddu

Contractualisation of human rights and public participation : challenges and prospects / Youseph Farah and Valentine Olusola Kunuji

Public participation and the adoption of investment codes : observation of the mixed practice from Tanzania / Chris Maina Peter and Saudin Jacob Mwakaje

Parliamentary scrutiny over investment projects : the case of Tanzania's natural resources regulatory reform / Elena Cima

The principle of indigenous consultation as a Latin American regional custom / Francesco Seatzu

Public participation in environmental impact assessments for foreign investment projects : a Canadian perspective / David A Collins

Investment projects and conflict : the two faces of Janus / Franz Zubieta Mariscal

Public participation in arbitral proceedings / Sondra Faccio

Third party intervention at the proposed multilateral investment court / Farouk El-Hosseny

Back into the shadows? Public participation in the peaceful settlement of investment disputes through non-arbitral means / Esmé Shirlow

Politics of public participation in investment arbitration / Sophie Nappert and Nataliia Tuzheliak

Conclusions / Tarcisio Gazzini, Avidan Kent and Eric De Brabandere.

Notes:

Includes bibliographical references and index.

Description based on print version record.

ISBN:

90-04-39766-3

Publisher Number:

10.1163/9789004397668 DOI