International Investment Law And Water Resources Management

In International Investment Law and Water Resources Management, Daza-Clark offers an appraisal of indirect expropriation, including an analysis of the doctrine of police power.

International Natural Resources Law, Investment and Sustainability provides a clear and concise insight into the relationship between the institutions that govern foreign investment, sustainable development and the rules and regulations that administer natural resources. In this book, several leading experts explore different perspectives in how investment and natural resources come together to achieve sustainable development in developing countries with examples from water, oil and gas, renewable energy, mineral, agriculture, and carbon trading. Despite varying perspectives, it is clear that several themes are central in considering the linkages between natural resources, investment and sustainability. Specifically, transparency, good governance and citizen empowerment are vital conditions which encourage positive social, economic and environmental outcomes for developing countries. In addition, this book provides new insights into key concepts which underpin international law, including sovereign rights and state responsibility principles. It is clear from this book that in the attempt to reconcile these concepts and principles from separate legal regimes, complex policy questions emerge whereby it is difficult to attain mutually beneficial or succinct outcomes. This book explores how countries prioritise their policy objectives to achieve their notion of sustainable natural resource use, which is strongly influenced by power imbalances that inform North–South cooperation, as well as South–South cooperation in the international investment regime. This book will be of great interest to students, academics and researchers of international environmental law, international human rights law, international investment law and international economic law. This book may also be of relevance to environmentalists, policy-makers, NGOs, and investors working in the natural resources field.

This book addresses the key interdisciplinary issues that increasingly confront policy makers, tribunals, arbitration bodies and other institutions. It focuses primarily on law, but also includes perspectives from economics, political science and other disciplines.

This book addresses the topical question on how national and international environmental concerns could be adequately integrated into international investment law. It covers the question whether international investment law restricts state sovereignty in an unacceptable way - in particular, the freedom of host states to develop national policies and regulation for the improvement of the environment. The book first analyzes the interaction between international investment law and the protection of the environment, on the basis of concepts such as sustainable development, fair and equitable treatment, and international responsibility. Secondly, several chapters discuss challenges which are encountered in attempts to integrate environmental concerns in investment policies in specific sectors and regions (e.g. climate change, water pollution, renewable and nuclear energy, and the European Union region). And, finally, specific case studies illustrate the legal and policy tensions between investment law and environmental protection, namely Vattenfall's disputes with Germany, legal clashes between Chevron and Ecuador, and multinational mining companies' conflicts in Indonesia. The contributions are written by international experts and will be of interest to policy makers and practitioners. *** Librarians: ebook available (Series: Legal Perspectives for Global Challenges - Vol. 4) [Subject: International Law, Investment Law, Environmental Law]

A subject relevant to the governance of water resources and public services is the effect that international trade and investment agreements may have on national capacities to manage natural resources and to regulate public services. The region has yet to assess the consequences that international investment agreements may have on the economic, social and environmental sustainability and efficiency of natural resources utilization and provision of public services. The report discusses the urgent need to begin a process of systemizing principles the duties of those investing in water-related activities, especially public services.

This book is about the issues, challenges and directions currently faced by water as a key resource for mankind. The book aims at providing a finer understanding of the water regulatory future. The contributions in this book are grouped around specific themes. In Part I, the contributions address the water challenge to public international law. In Part II, the authors explore the most pressing ethical, legal, and social issues. In Part III, the discussion covers the economic drivers shaping the future of water.

Cross-border Water Trade: Legal and Interdisciplinary Perspectives is a critical assessment of one of the growing problems faced by the international community - the global water deficit.Apart from theoretical considerations it has very practical consequences, as cross-border water trade appears to constitute one of the most effective ways of balancing water deficits worldwide.

The water sector has long been identified as ripe for private sector investment. Prolonged neglect by the public sector has resulted in an urgent need for significant commitment of finance and management resources. International and non-governmental organisations have identified water as the next industry to experience substantial global expansion, with concomitant business opportunities. However, the development of private involvement in this sector has been slow; only recently has this state of affairs shown signs of improvement. The water sector provides an essential service and manages a vulnerable and valuable resource. Private sector involvement must therefore follow the principle of sustainable development, to combine the forces of economic growth with responsible resource management, equitable distribution of benefits and protection of people and the environment. This book provides a commercial, contractual and legal view of water projects on an international scale. It is a practical guide for use by public sector authorities considering private sector involvement, private sector investors considering entering or expanding in the water sector and lenders or investors interested in financing such projects. The context of this book is international, therefore it does not focus on any particular legal system, but rather legal concepts which will apply to most jurisdictions.