Calvo Is Back! Changing Sovereignty and Evolutionary Investment Law in a Leaving and Return of the State Paradigm
* 본 문서는 배포용으로 복사 및 편집이 불가합니다.
서지정보
ㆍ발행기관 : 이준국제법연구원
ㆍ수록지정보 : Journal of East Asia and International Law / 13권 / 2호
ㆍ저자명 : Shuo Feng, Wei Shen
ㆍ저자명 : Shuo Feng, Wei Shen
목차
I. IntroductionII. The State’s “Leaving” and the Construction of theModern International Investment Law Regime
A. Limitations of Customary International Law and the Coordinationof Interests in International Investment Law
B. Maximizing the Benefits of Capital Flows and the “Leaving” ofthe State
C. “Leaving” of the States and the ISDS
III. The “Return” of the States and the Path ofInternational Investment Law
A. Imbalanced Interests and the Host States’ Dissatisfaction withthe ICSID Arbitration
B. Anti-liberalization Transformation of Foreign Investment Lawin the Post-Financial Crisis Era
C. Shifting Focus from Investor Protection to the Right to Regulate
IV. Conclusion
영어 초록
Although the key purpose of international investment law is to promote foreign investor protection by offering both substantive and procedural standards, the international investment governance regime needs to strike a balance between foreign investor rights protection and the host state’s right to regulate. The changing balance of this dichotomy shapes a leaving-and-return-of-the-state paradigm which explains and rationalizes an evolutionary development of both substantive and procedural norms and the changing status of sovereignty in international investment law. The “leaving” or “return” of the state paradigm informs us of the role of the state in the context of international investment law. This article makes a normative case for reframing investment and national security within what we call the investment rule of law. Both push for and pull from a liberalization movement are in an attempt to reshape this investment rule of law surrounding the concept of sovereignty, the core of international law.참고 자료
없음"Journal of East Asia and International Law"의 다른 논문
China’s Diplomacy and International Law8페이지
International Law and Actual Issues in Viet Nam4페이지
The People’s Republic of China and the Development of C..22페이지
Indonesian Ocean Policy: Paradigm Shift in Strengthenin..20페이지
Prevention and Management of Marine Pollution in Malacc..18페이지
Qualifying Cyber Crime as a Crime of Aggression in Inte..22페이지
The Killing of General Quassem Soleimani: Legal and Pol..16페이지
Legal Editology and Publication of Scholarly Law Paper:..30페이지
Kuwait’s Anti-Corruption Body (Nazaha): Some Aspects fr..30페이지
The Lawsuit against the United States for Causing COVID..14페이지