Full Description
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.
Contents
Notes on Contributors
Introduction
1 Public Participation in International Investment Law: Setting the Scene
Avidan Kent, Tarcisio Gazzini and Eric De Brabandere
PART 1
Setting the Scene
2 Exploring the Legal Framework for International Investment
Yenkong Ngangjoh Hodu
3 Public Participation and Investment Treaties: towards a New Settlement?
Lorenzo Cotula
4 The Evolving Concept of Public Participation: from Rio to Mauritius
Avidan Kent
PART 2
Public Participation in the Normative Process
5 Public Participation in Investment Treaty Making
Chrysoula Mavromati and Sarah Spottiswood
6 How to Ensure Public Participation in FTA Negotiations? A Critical Analysis of the Instruments Used in the FTA-Making Process
Maria Laura Marceddu
7 Contractualisation of Human Rights and Public Participation: Challenges and Prospects
Youseph Farah and Valentine Olusola Kunuji
8 Public Participation and the Adoption of Investment Codes: Observation of the Mixed Practice from Tanzania
Chris Maina Peter and Saudin Jacob Mwakaje
PART 3
Public Participation in and Public Scrutiny over Investment Projects
9 Parliamentary Scrutiny over Investment Projects: the Case of Tanzania's Natural Resources Regulatory Reform
Elena Cima
10 The Principle of Indigenous Consultation as a Latin American Regional Custom
Francesco Seatzu
11 Public Participation in Environmental Impact Assessments for Foreign Investment Projects: a Canadian Perspective
David A Collins
12 Investment Projects and Conflict: the Two Faces of Janus
Franz Zubieta Mariscal
PART 4
Public Participation in the Settlement of Investment Disputes
13 Public Participation in Arbitral Proceedings
Sondra Faccio
14 Third Party Intervention at the Proposed Multilateral Investment Court
Farouk El-Hosseny
15 Back into the Shadows? Public Participation in the Peaceful Settlement of Investment Disputes through Non-Arbitral Means
Esmé Shirlow
16 Politics of Public Participation in Investment Arbitration
Sophie Nappert and Nataliia Tuzhelia
Conclusions
17 Conclusions
Tarcisio Gazzini, Avidan Kent and Eric De Brabandere
Index
