Increasingly, transnational corporations, developed countries and private actors are broadening the boundaries of their investments into new territories, in search of a higher return on capital. This growth in direct foreign investment involves serious concerns for both the investor and host state. Various exponents of international civil society and non-governmental organisations persuasively claim that such growth in foreign investments constitutes potential and serious hazards both to the environment and the fundamental rights and freedoms of local populations.

This book explores from an international law perspective the complex relationship between foreign investments and common concerns, i.e. values that do not coincide, or do not necessarily coincide, with the interests of the investor and of the host state. It pays particular attention to the role of the main international development banks in reconciling the needs of foreign investors with the protection of common concerns, such as the environment, human rights and labour rights. Among its collection of essays, the volume asks how much "regulatory space" investment law leaves; whether international investment law is an effective means of balancing contrasting interests, and whether investment arbitration currently constitutes a mechanism of global governance.

In collecting the outlooks of various experts in human rights, environmental and international economic law, this book breaks new ground in exploring how attention to its legal aspects may help in navigating the relationship between foreign investment and common concerns. In doing so, the book provides valuable insights into the substantive issues and institutional aspects of international investment law.



chapter 1|6 pages


Foreign Investment, International Law and Common Concerns
ByTullio Treves

part Part I|108 pages

General International Law Issues

chapter 2|17 pages

The Jurisprudence of Investment Treaty Tribunals

Between Public Good and Common Concern
ByStephan W. Schill

chapter 4|21 pages

Investor Rights and Well-Being

Remarks on the Interpretation of Investment Treaties in Light of Other Rights
ByLuigi Crema

chapter 5|15 pages

Necessity Exceptions, the Argentine Crisis and Legitimacy Concerns

Or the Benefits of a Public International Law Approach to Investment Arbitration
ByChristina Binder

chapter 6|14 pages

The Role of Amicus Curiae in Investment Disputes

Striking a Balance Between Confidentiality and Broader Policy Considerations
ByChiara Ragni

chapter 7|15 pages

Standards and Guidelines

Some Interfaces with Private Investments *
ByLaurence Boisson de Chazournes

part Part II|76 pages

Institutional Aspects

chapter 8|20 pages

The World Bank Guidelines on the Treatment of Foreign Direct Investment 20 Years On

Reflecting on the Past, Considering the Present and Developing a New Foreign Investment Strategy of the World Bank Group for the Future
ByFrancesco Seatzu

chapter 10|16 pages

Going Green at the European Investment Bank

An Environmental Policy for Non EU Lending *
BySara De Maria

part Part III|158 pages

Common Concerns

chapter 12|20 pages

Mapping Environmental Concerns in International Investment Agreements

How Far Have We Gone?
ByMichele Potestà

chapter 14|17 pages

Applying Corporate Social Responsibility to Foreign Investments

Failures and Prospects
ByAngelica Bonfanti

chapter 15|18 pages

Foreign Investments in the Offshore Energy Industry

Investment Protection v. Energy Security v. Protection of the Marine Environment
BySeline Trevisanut

chapter 16|15 pages

Right to Property, Investments and Environmental Protection

The Perspectives of the European and Inter-American Courts of Human Rights
ByCesare Pitea

chapter 19|18 pages

Public Interest Concerns in International Investment Arbitration in the Water Services Sector

Problems and Prospects for an Integrated Approach
ByAttila Tanzi

chapter 20|13 pages

Sovereign Debt Restructuring and Investment Protection

ByAnnamaria Viterbo