Investment Treaty Law and Climate Change
portes grátis
Investment Treaty Law and Climate Change
Restrepo Rodriguez, Tomas
Springer International Publishing AG
01/2023
344
Dura
Inglês
9783031186547
15 a 20 dias
705
Descrição não disponível.
1. Introduction.- Part I: Relevance of the Climate Change InternationaL Legal Framework in Investment Treaty-Climate Change Disputes: Pre(logical)interpretative Phase.- 2. Iura Novit Arbiter and the Application of the Climate Change International Legal Framework to Investment Treaty Disputes.- 3. Formal Relevance of the Climate Change International Legal Framework in Investment Treaty Disputes: Defining the System as a Process of Multi(syncretic)lateralization.- 4. Material Relevance of the Climate Change International Legal Framework in Investment Treaty Law: Unveiling Climate Change Disputes in Investment Treaty Law.- Part II: Gravitational Power of the Climate Change International Legal Framework over the BIT Content-Inerpretation: Orthodox Approach to Harmonisation.- 5. The Orthodox Approach and the Sources of Law in Investment Treaty-Climate Change Disputes.- 6. Orthodox Approach to the Expropriation Standard in Investment Treaty-Climate Change Disputes: Determining the breach through the Sacrificial-Lamb Doctrine.- 7. Orthodox Approach to the Fair and Equitable Treatment Standard (FET) in Investment Treaty-Climate Change Disputes: Determining the Breach through the (Dis)Proportionality/(Un)Reasonableness of the Measure.- Part III: Osmosis of the Global Climate Change International Legal Framework into Investment Treaty Law Through Law Ascertainment: Heterodox Approach to Harmonisation.-8. Heterodox Approach and the Sources of Law in Investment Treaty-Climate Change Disputes.- 9. Direct Application of the Precautionary Principle in Investment Treaty-Climate Change Disputes: Deploying the International Defense of Necessity as a Rule of Law Ascertainment.- 10. Direct Application of the Common but Differentiated Responsibilities and Respective Capabilities Principle (CBDRRC) in Investment treaty-climate change disputes: Vindicating a Differential Approach to Compensation.- 11. Conclusions.
Este título pertence ao(s) assunto(s) indicados(s). Para ver outros títulos clique no assunto desejado.
Investment law;Climate change law;Investment and climate change;UN Climate Change;Bilateral investment treaties;Fragmentation of investment law;Harmonization of international law;International law and climate change;Multilateralization of investment treaty law;Free Trade Agreements and Protection to investments
1. Introduction.- Part I: Relevance of the Climate Change InternationaL Legal Framework in Investment Treaty-Climate Change Disputes: Pre(logical)interpretative Phase.- 2. Iura Novit Arbiter and the Application of the Climate Change International Legal Framework to Investment Treaty Disputes.- 3. Formal Relevance of the Climate Change International Legal Framework in Investment Treaty Disputes: Defining the System as a Process of Multi(syncretic)lateralization.- 4. Material Relevance of the Climate Change International Legal Framework in Investment Treaty Law: Unveiling Climate Change Disputes in Investment Treaty Law.- Part II: Gravitational Power of the Climate Change International Legal Framework over the BIT Content-Inerpretation: Orthodox Approach to Harmonisation.- 5. The Orthodox Approach and the Sources of Law in Investment Treaty-Climate Change Disputes.- 6. Orthodox Approach to the Expropriation Standard in Investment Treaty-Climate Change Disputes: Determining the breach through the Sacrificial-Lamb Doctrine.- 7. Orthodox Approach to the Fair and Equitable Treatment Standard (FET) in Investment Treaty-Climate Change Disputes: Determining the Breach through the (Dis)Proportionality/(Un)Reasonableness of the Measure.- Part III: Osmosis of the Global Climate Change International Legal Framework into Investment Treaty Law Through Law Ascertainment: Heterodox Approach to Harmonisation.-8. Heterodox Approach and the Sources of Law in Investment Treaty-Climate Change Disputes.- 9. Direct Application of the Precautionary Principle in Investment Treaty-Climate Change Disputes: Deploying the International Defense of Necessity as a Rule of Law Ascertainment.- 10. Direct Application of the Common but Differentiated Responsibilities and Respective Capabilities Principle (CBDRRC) in Investment treaty-climate change disputes: Vindicating a Differential Approach to Compensation.- 11. Conclusions.
Este título pertence ao(s) assunto(s) indicados(s). Para ver outros títulos clique no assunto desejado.
Investment law;Climate change law;Investment and climate change;UN Climate Change;Bilateral investment treaties;Fragmentation of investment law;Harmonization of international law;International law and climate change;Multilateralization of investment treaty law;Free Trade Agreements and Protection to investments
