A law for need or a law for greed?: Restoring the lost law in the international law of foreign investment

Sornarajah, M.

doi:10.1007/s10784-006-9016-0

Cited by 21 publications

(1 citation statement)

References 15 publications

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“…Although the Multilateral Agreement on Investment was never finally adopted (Werksman and Santoro 1999), approximately 3000 bilateral investment treaties and multilateral investment treaties (e.g., ICSID 1965, NAFTA Secretariat 1992) govern international water-related contracts. These agreements do not always further the interests of developing countries (Sornarajah 2006) or the environment and may lack accountability (Sourgens 2007). The question is whether these trends are a positive development in line with the shift from government to governance, or whether this calls on us to revisit the question of if a more centralized water governance system is needed, especially given the lack of legitimacy and accountability of many of these processes.…”

Section: The Politics Of Gwgmentioning

confidence: 99%

Global Water Governance in the Context of Global and Multilevel Governance: Its Need, Form, and Challenges

Gupta¹,

Pahl‐Wostl²

2013

E&S

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ABSTRACT. To complement this Special Feature on global water governance, we focused on a generic challenge at the global level, namely, the degree to which water issues need to be dealt with in a centralized, concentrated, and hierarchical manner. We examined water ecosystem services and their impact on human well-being, the role of policies, indirect and direct drivers in influencing these services, and the administrative level(s) at which the provision of services and potential trade-offs can be dealt with. We applied a politics of scale perspective to understand motivations for defining a problem at the global or local level and show that the multilevel approach to water governance is evolving and inevitable. We argue that a centralized overarching governance system for water is unlikely and possibly undesirable; however, there is a need for a high-level think tank and leadership to develop a cosmopolitan perspective to promote sustainable water development.

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Section: The Politics Of Gwgmentioning

confidence: 99%

Global Water Governance in the Context of Global and Multilevel Governance: Its Need, Form, and Challenges

Gupta¹,

Pahl‐Wostl²

2013

E&S

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Impossible Ethics? A Critical Analysis of the Rules on Qualifications and Conduct of Adjudicators in the New EU Investment Treaties

Ünüvar

Kreft

2020

Permanent Investment Courts

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Implementing the principle of policy integration: institutional interplay and the role of international organizations

Kent

2013

Int Environ Agreements

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The implementation of the sustainable development principle of integration implies that economic laws should not be designed solely for the purpose of maximizing financial profits, but also with the object of improving human well-being, and addressing social and environmental concerns. International organizations, in which international treaties are being negotiated and created, will have to support this type of cross-disciplinary approach. International institutions, however, were not originally designed to cope with such a cross-disciplinary effort. Rather, most international institutions have emerged in line with the premise of ‘functionalism’, according to which their role is limited to supplying specialized services, usually as a solution for emerging needs and as a result of historical events. These specialized institutions have thus emerged with little coordination or common planning and have resulted in a global structure that has been referred to as an ‘accident of history’. The role that international organizations should and do fulfill with respect to the implementation of the principle of integration is reviewed in this paper. This paper concentrates on trade and investment organizations (the World Trade Organization and the Energy Charter Treaty); it reviews the channels through which non-trade/investment considerations may, or may not, penetrate the decision-making processes of these organizations; the ways these International organizations engage with interdisciplinary issues and how the objectives of other institutions are reflected in their work

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A law for need or a law for greed?: Restoring the lost law in the international law of foreign investment

Abstract: Investment, Arbitration, International law, Environment, Awards,

Cited by 21 publications

References 15 publications

Global Water Governance in the Context of Global and Multilevel Governance: Its Need, Form, and Challenges

Global Water Governance in the Context of Global and Multilevel Governance: Its Need, Form, and Challenges

Impossible Ethics? A Critical Analysis of the Rules on Qualifications and Conduct of Adjudicators in the New EU Investment Treaties

Implementing the principle of policy integration: institutional interplay and the role of international organizations

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