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Investor Obligations Amid Armed Conflict

Investor Obligations Amid Armed Conflict
Author: Jure Zrilic
Publisher:
Total Pages: 0
Release: 2022
Genre:
ISBN:

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This chapter explores investor responsibilities and obligations amid armed conflict. It analyses international humanitarian law (IHL) obligations binding investors and soft law obligations in voluntary initiatives specifically addressing corporate responsibility in times of conflict and explains how they relate. It further provides an overview of avenues of investor accountability, especially in the sphere of international criminal law and domestic civil law. The chapter's main argument is that investment law presents another, underutilised and unexplored mechanism for enforcing IHL obligations. Due to the asymmetric nature of the investment regime, the enforcement potential is stronger when investors are victims of violence than when they participate in it. Despite this limitation, the chapter outlines strategies, highlighting the potential of investment treaties to financially sanction investors involved in conflict-related violations, by either permitting claims for damages against them, or by depriving them of investment treaty protections. It argues that maximising this potential would require changes in investment treaties and the establishment of a clearer connection with the legal frameworks that address the interplay between business and conflict.


The Effects of Armed Conflict on Investment Treaties

The Effects of Armed Conflict on Investment Treaties
Author: Tobias Ackermann
Publisher: Cambridge University Press
Total Pages: 401
Release: 2022-08-25
Genre: Law
ISBN: 1009207830

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The book explores the effects of armed conflict and international humanitarian law on the interpretation and application of investment treaties.


Investors’ International Law

Investors’ International Law
Author: Jean Ho
Publisher: Bloomsbury Publishing
Total Pages: 487
Release: 2021-06-03
Genre: Law
ISBN: 1509937935

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This book is the first book-length analysis of investor accountability under general and customary international law, international human rights law, international environmental law, international humanitarian law, as well as international investment law. International investment law is currently facing growing criticisms for its failure to address corruption, abuse, environmental damage, and other forms of investor misconduct. Reform initiatives range from the rejection of international law as a governing regime for investors, to the dramatic overhaul of investment treaties that supposedly enable investor overprotection, to the creation of a multilateral international instrument that would enable the litigation of claims against errant businesses before an international tribunal. Whether these initiatives succeed in disciplining investors remains to be seen. What these initiatives undeniably show however, is that change is warranted to counteract this lopsided investors' international law. Each chapter in the book addresses a different and underexplored dimension of investor accountability, thus offering a novel and consolidated study of international law. The book will be of immense assistance to legal practitioners, academics and policy makers involved in the design, drafting, application and reform of various international instruments addressing investor accountability.


An Introduction to the International Law of Armed Conflicts

An Introduction to the International Law of Armed Conflicts
Author: Robert Kolb
Publisher: Bloomsbury Publishing
Total Pages: 372
Release: 2008-09-17
Genre: Law
ISBN: 1847314600

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This book provides a modern and basic introduction to a branch of international law constantly gaining in importance in international life, namely international humanitarian law (the law of armed conflict). It is constructed in a way suitable for self-study. The subject-matters are discussed in self-contained chapters, allowing each to be studied independently of the others. Among the subject-matters discussed are, inter alia: the Relationship between jus ad bellum / jus in bello; Historical Evolution of IHL; Basic Principles and Sources of IHL; Martens Clause; International and Non-International Armed Conflicts; Material, Spatial, Personal and Temporal Scope of Application of IHL; Special Agreements under IHL; Role of the ICRC; Targeting; Objects Specifically Protected against Attack; Prohibited Weapons; Perfidy; Reprisals; Assistance of the Wounded and Sick; Definition of Combatants; Protection of Prisoners of War; Protection of Civilians; Occupied Territories; Protective Emblems; Sea Warfare; Neutrality; Implementation of IHL.


Customary International Humanitarian Law

Customary International Humanitarian Law
Author: Jean-Marie Henckaerts
Publisher: Cambridge University Press
Total Pages: 610
Release: 2005-03-03
Genre: Law
ISBN: 0521808995

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Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.


Investor – State Arbitration and Human Rights

Investor – State Arbitration and Human Rights
Author: Filip Balcerzak
Publisher: BRILL
Total Pages: 331
Release: 2017-08-28
Genre: Law
ISBN: 9004339000

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In Investor – state arbitration and human rights Filip Balcerzak examines the interrelations between human rights and international investment law. The work discusses whether, and how, human rights arguments may be presented in the course of arbitral proceedings based on investment treaties. The work identifies three model situations, derived from existing arbitral jurisprudence, which provide the backdrop and methodological tool underpinning the book’s legal analysis. The work considers the perspectives of both host states and investors and analyzes all stages of arbitral proceedings – jurisdiction, admissibility, merits, compensation and costs – to determine the potential impact of human rights on the outcome of proceedings.


International Investment Law and the Law of Armed Conflict

International Investment Law and the Law of Armed Conflict
Author: Katia Fach Gómez
Publisher: Springer
Total Pages: 542
Release: 2019-08-05
Genre: Law
ISBN: 3030107469

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Assessing the extent to which armed conflict impacts the obligations that states have towards foreign investors and their investments under international investment treaties requires considering a wide range of issues, many of which are systemic in nature. These include substantive and procedural topics, not only with regard to international investment law, but also concerning the law on the use of force, international humanitarian law and human rights law, the law of treaties, the law of state responsibility and the law of state succession.This volume provides an in-depth assessment of the overlap between international investment law and the law of armed conflict by charting the terrain of the multifaceted and complex relationship between these two fields of public international law, fostering debate and offering novel perspectives on the matter.


Investors’ International Law

Investors’ International Law
Author: Jean Ho
Publisher: Bloomsbury Publishing
Total Pages: 361
Release: 2021-08-26
Genre: Law
ISBN: 1509937919

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"This book project is the output of a two-day closed-door workshop held at the Faculty of Law of the National University of Singapore, 18-19 January 2019" --ECIP acknowledgments.


The Handbook of International Humanitarian Law

The Handbook of International Humanitarian Law
Author: Michael Bothe
Publisher: Oxford University Press, USA
Total Pages: 767
Release: 2013-08-29
Genre: History
ISBN: 0199658803

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The third edition of this work sets out a comprehensive and analytical manual of international humanitarian law, accompanied by case analysis and extensive explanatory commentary by a team of distinguished and internationally renowned experts.


The Financial Crisis Inquiry Report

The Financial Crisis Inquiry Report
Author: Financial Crisis Inquiry Commission
Publisher: Cosimo, Inc.
Total Pages: 692
Release: 2011-05-01
Genre: Political Science
ISBN: 1616405414

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The Financial Crisis Inquiry Report, published by the U.S. Government and the Financial Crisis Inquiry Commission in early 2011, is the official government report on the United States financial collapse and the review of major financial institutions that bankrupted and failed, or would have without help from the government. The commission and the report were implemented after Congress passed an act in 2009 to review and prevent fraudulent activity. The report details, among other things, the periods before, during, and after the crisis, what led up to it, and analyses of subprime mortgage lending, credit expansion and banking policies, the collapse of companies like Fannie Mae and Freddie Mac, and the federal bailouts of Lehman and AIG. It also discusses the aftermath of the fallout and our current state. This report should be of interest to anyone concerned about the financial situation in the U.S. and around the world.THE FINANCIAL CRISIS INQUIRY COMMISSION is an independent, bi-partisan, government-appointed panel of 10 people that was created to "examine the causes, domestic and global, of the current financial and economic crisis in the United States." It was established as part of the Fraud Enforcement and Recovery Act of 2009. The commission consisted of private citizens with expertise in economics and finance, banking, housing, market regulation, and consumer protection. They examined and reported on "the collapse of major financial institutions that failed or would have failed if not for exceptional assistance from the government."News Dissector DANNY SCHECHTER is a journalist, blogger and filmmaker. He has been reporting on economic crises since the 1980's when he was with ABC News. His film In Debt We Trust warned of the economic meltdown in 2006. He has since written three books on the subject including Plunder: Investigating Our Economic Calamity (Cosimo Books, 2008), and The Crime Of Our Time: Why Wall Street Is Not Too Big to Jail (Disinfo Books, 2011), a companion to his latest film Plunder The Crime Of Our Time. He can be reached online at www.newsdissector.com.