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.
Reihe
Sprache
Verlagsort
Verlagsgruppe
Zielgruppe
Produkt-Hinweis
Fadenheftung
Gewebe-Einband
Maße
Höhe: 238 mm
Breite: 158 mm
Dicke: 30 mm
Gewicht
ISBN-13
978-90-04-39765-1 (9789004397651)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Eric De Brabandere is Professor of International Dispute Settlement Law and Director of the Grotius Centre for International Legal Studies.
Tarcisio Gazzini is Professor of international law at the University of East Anglia and visiting professor at the University of Trento and the Geneva Academy of Human Rights and Humanitarian Law.
Avidan Kent is an Associate Professor at the University of East Anglia.
Notes on Contributors
Introduction
1?Public Participation in International Investment Law: Setting the Scene
??Avidan Kent, Tarcisio Gazzini and Eric De Brabandere
PART 1
Setting the Scene
2?Exploring the Legal Framework for International Investment
??Yenkong Ngangjoh Hodu
3?Public Participation and Investment Treaties: towards a New Settlement?
??Lorenzo Cotula
4?The Evolving Concept of Public Participation: from Rio to Mauritius
??Avidan Kent
PART 2
Public Participation in the Normative Process
5?Public Participation in Investment Treaty Making
??Chrysoula Mavromati and Sarah Spottiswood
6?How to Ensure Public Participation in FTA Negotiations? A Critical Analysis of the Instruments Used in the FTA-Making Process
??Maria Laura Marceddu
7?Contractualisation of Human Rights and Public Participation: Challenges and Prospects
??Youseph Farah and Valentine Olusola Kunuji
8?Public Participation and the Adoption of Investment Codes: Observation of the Mixed Practice from Tanzania
??Chris Maina Peter and Saudin Jacob Mwakaje
PART 3
Public Participation in and Public Scrutiny over Investment Projects
9?Parliamentary Scrutiny over Investment Projects: the Case of Tanzania's Natural Resources Regulatory Reform
??Elena Cima
10?The Principle of Indigenous Consultation as a Latin American Regional Custom
??Francesco Seatzu
11?Public Participation in Environmental Impact Assessments for Foreign Investment Projects: a Canadian Perspective
??David A Collins
12?Investment Projects and Conflict: the Two Faces of Janus
??Franz Zubieta Mariscal
PART 4
Public Participation in the Settlement of Investment Disputes
13?Public Participation in Arbitral Proceedings
??Sondra Faccio
14?Third Party Intervention at the Proposed Multilateral Investment Court
??Farouk El-Hosseny
15?Back into the Shadows? Public Participation in the Peaceful Settlement of Investment Disputes through Non-Arbitral Means
??Esme Shirlow
16?Politics of Public Participation in Investment Arbitration
??Sophie Nappert and Nataliia Tuzhelia
Conclusions
17?Conclusions
??Tarcisio Gazzini, Avidan Kent and Eric De Brabandere
Index
