Cargando…
Public Health in International Investment Law and Arbitration.
Is a State free to adopt measures to protect the public health of its citizens? If so, what are the limits, if any, to such regulatory powers? This book addresses these questions by focusing on the clash between the regulatory autonomy of the state and international investment governance. As a wide...
| Clasificación: | Libro Electrónico |
|---|---|
| Autor principal: | |
| Formato: | Electrónico eBook |
| Idioma: | Inglés |
| Publicado: |
Hoboken :
Taylor and Francis,
2013.
|
| Colección: | Routledge research in international economic law.
|
| Temas: | |
| Acceso en línea: | Texto completo |
Tabla de Contenidos:
- Front Cover; Public Health in International Investment Law and Arbitration; Copyright page; Contents; Table of treaties; Table of cases; Foreword; Preface; Acknowledgements; List of abbreviations; Introduction; Part I Foreign direct investments and public health: defining and connecting the two fields; Introductory note; 1 International investment law; Introduction; Foreign direct investment: definition and function; Multilateral failures and bilateral successes; Contents of investment treaties; The settlement of disputes between foreign investors and states.
- Main characteristics of investor-state arbitrationFinal remarks; 2 Public health in contemporary international law and policy; Introduction; A historical overview; Defining health; The international legal framework; The scope and the content of state obligations; The linkage between public health and development; Conclusions; 3 The interplay between public health and foreign direct investments; Introduction; Globalization, state sovereignty and neo-medievalism in international law; The regulatory powers of the host state; The dispute settlement mechanisms.
- Public law and investment treaty arbitrationInvestment treaty arbitration as global administrative law; Conclusions; Part II The interplay of foreign investment and public health in practice; Introductory note; 4 Access to medicines in international investment law and arbitration; Introduction; Access to medicines in international law; Pharmaceutical patent regulation in international economic law; A taxonomy of claims in the patent area; Expropriation; Compensation; Fair and equitable treatment; Non-discrimination; Reconciling patent rights with public health in investment law.
- InterpretationNegotiation and mediation; Legal drafting; Conclusions; 5 Trademark protection v. tobacco control in international investment law; Introduction; Global health governance and tobacco control; Tobacco control as a human rights issue; The Framework Convention on Tobacco Control (FCTC); The 'tobacco wars': case studies in international investment law; Expropriation; Non-discrimination; Fair and equitable treatment; The prohibition of unreasonable measures; Reconciling investor rights and tobacco control in investment law; Negotiation/ mediation; Interpretation.
- Textual interpretationTeleological interpretation; Subsidiary means of treaty interpretation; Systemic interpretation; Stipulating ad hoc safeguards; Conclusions; 6 The environmental health spillovers of foreign direct investment in international investment arbitration; Introduction; The conceptual and normative scope of environmental health; Environmental provisions in investment treaties; Arbitrating disputes with environmental health elements; Indirect expropriation; The sole effects doctrine in environmental disputes; The police powers doctrine in environmental disputes.