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Public Participation and Foreign Investment Law
From the Creation of Rights and Obligations to the Settlement of Disputes
Series: - Nijhoff International Investment Law Series, Volume: 16
Public Participation and Foreign Investment Law offers a systematic treatment of public participation from the standpoint of the three main sources of foreign investment law, namely treaties, legislation and contracts. It identifies and critically discusses the different forms of public participation that can be found or envisaged in foreign investment law. From this perspective, the book looks at public participation as vehicle to strike a balance between private and public rights and interests.
This book contributes to the understanding of the current forms, level and impact of public participation. It provides indications on how such participation could be enhanced with a view of improving the balance and legitimacy of the legal instrument related to the promotion and protection of foreign investments.
This book contributes to the understanding of the current forms, level and impact of public participation. It provides indications on how such participation could be enhanced with a view of improving the balance and legitimacy of the legal instrument related to the promotion and protection of foreign investments.
Eric De Brabandere is Professor of International Dispute Settlement Law and Director of the Grotius Centre for International Legal Studies.
Tarcisio Gazzini is Professor of international law at the University of East Anglia and visiting professor at the University of Trento and the Geneva Academy of Human Rights and Humanitarian Law.
Avidan Kent is an Associate Professor at the University of East Anglia.
Tarcisio Gazzini is Professor of international law at the University of East Anglia and visiting professor at the University of Trento and the Geneva Academy of Human Rights and Humanitarian Law.
Avidan Kent is an Associate Professor at the University of East Anglia.
Notes on Contributors
Introduction
1âPublic Participation in International Investment Law:Â Setting the Scene
ââAvidan Kent, Tarcisio Gazzini and Eric De Brabandere
PART 1
Setting the Scene
2âExploring the Legal Framework for International Investment
ââYenkong Ngangjoh Hodu
3âPublic Participation and Investment Treaties: towards a New Settlement?
ââLorenzo Cotula
4âThe Evolving Concept of Public Participation:Â from Rio to Mauritius
ââAvidan Kent
PART 2
Public Participation in the Normative Process
5âPublic Participation in Investment Treaty Making
ââChrysoula Mavromati and Sarah Spottiswood
6âHow to Ensure Public Participation in FTA Negotiations? AÂ Critical Analysis of the Instruments Used in the FTA-Making Process
ââMaria Laura Marceddu
7âContractualisation of Human Rights and Public Participation:Â Challenges and Prospects
ââYouseph Farah and Valentine Olusola Kunuji
8âPublic Participation and the Adoption of Investment Codes:Â Observation of the Mixed Practice from Tanzania
ââChris Maina Peter and Saudin Jacob Mwakaje
PART 3
Public Participation in and Public Scrutiny over Investment Projects
9âParliamentary Scrutiny over Investment Projects:Â the Case of Tanzaniaâs Natural Resources Regulatory Reform
ââElena Cima
10âThe Principle of Indigenous Consultation as a Latin American Regional Custom
ââFrancesco Seatzu
11âPublic Participation in Environmental Impact Assessments for Foreign Investment Projects:Â a Canadian Perspective
ââDavid A Collins
12âInvestment Projects and Conflict:Â the Two Faces of Janus
ââFranz Zubieta Mariscal
PART 4
Public Participation in the Settlement of Investment Disputes
13âPublic Participation in Arbitral Proceedings
ââSondra Faccio
14âThird Party Intervention at the Proposed Multilateral Investment Court
ââFarouk El-Hosseny
15âBack into the Shadows? Public Participation in the Peaceful Settlement of Investment Disputes through Non-Arbitral Means
ââEsmé Shirlow
16âPolitics of Public Participation in Investment Arbitration
ââSophie Nappert and Nataliia Tuzhelia
Conclusions
17âConclusions
ââTarcisio Gazzini, Avidan Kent and Eric De Brabandere
Index
Introduction
1âPublic Participation in International Investment Law:Â Setting the Scene
ââAvidan Kent, Tarcisio Gazzini and Eric De Brabandere
PART 1
Setting the Scene
2âExploring the Legal Framework for International Investment
ââYenkong Ngangjoh Hodu
3âPublic Participation and Investment Treaties: towards a New Settlement?
ââLorenzo Cotula
4âThe Evolving Concept of Public Participation:Â from Rio to Mauritius
ââAvidan Kent
PART 2
Public Participation in the Normative Process
5âPublic Participation in Investment Treaty Making
ââChrysoula Mavromati and Sarah Spottiswood
6âHow to Ensure Public Participation in FTA Negotiations? AÂ Critical Analysis of the Instruments Used in the FTA-Making Process
ââMaria Laura Marceddu
7âContractualisation of Human Rights and Public Participation:Â Challenges and Prospects
ââYouseph Farah and Valentine Olusola Kunuji
8âPublic Participation and the Adoption of Investment Codes:Â Observation of the Mixed Practice from Tanzania
ââChris Maina Peter and Saudin Jacob Mwakaje
PART 3
Public Participation in and Public Scrutiny over Investment Projects
9âParliamentary Scrutiny over Investment Projects:Â the Case of Tanzaniaâs Natural Resources Regulatory Reform
ââElena Cima
10âThe Principle of Indigenous Consultation as a Latin American Regional Custom
ââFrancesco Seatzu
11âPublic Participation in Environmental Impact Assessments for Foreign Investment Projects:Â a Canadian Perspective
ââDavid A Collins
12âInvestment Projects and Conflict:Â the Two Faces of Janus
ââFranz Zubieta Mariscal
PART 4
Public Participation in the Settlement of Investment Disputes
13âPublic Participation in Arbitral Proceedings
ââSondra Faccio
14âThird Party Intervention at the Proposed Multilateral Investment Court
ââFarouk El-Hosseny
15âBack into the Shadows? Public Participation in the Peaceful Settlement of Investment Disputes through Non-Arbitral Means
ââEsmé Shirlow
16âPolitics of Public Participation in Investment Arbitration
ââSophie Nappert and Nataliia Tuzhelia
Conclusions
17âConclusions
ââTarcisio Gazzini, Avidan Kent and Eric De Brabandere
Index
The book is intended for a broad range of specialists, including postgraduate students, researchers, governments, international organisations, non-governmental organisations and practitioners.