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Harnessing foreign investment to promote environmental protection : incentives and safeguards / edited by Pierre-Marie Dupuy and Jorge E. Viñuales.
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Title:Harnessing foreign investment to promote environmental protection : incentives and safeguards / edited by Pierre-Marie Dupuy and Jorge E. Viñuales.
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Other Contributors/Collections:Dupuy, Pierre-Marie, editor of compilation.
Viñuales, Jorge E., editor of compilation.
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Published/Created:Cambridge : Cambridge University Press, 2013.
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Holdings
Holdings Record Display
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Location:LAW LIBRARY (level 3)Where is this?
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Call Number: HC79.E5 H3538 2013
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Number of Items:1
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Status:Available
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Location:LAW LIBRARY (level 3)Where is this?
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Library of Congress Subjects:Environmental economics.
Environmental protection.
Environmental policy.
Environmental law.
Investments, Foreign.
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Description:xxvi, 470 pages ; 24 cm
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Summary:"Harnessing Foreign Investment to Promote Environmental Protection investigates the main challenges facing the implementation of environmental protection and the synergies between foreign investment and environmental protection. Adopting legal, economic and political perspectives, the contributing authors analyse the various incentives which encourage foreign investment into pro-environment projects (such as funds, project-finance, market mechanisms, payments-for-ecosystem services and insurance) and the safeguards against its potentially harmful effects (investment regulation, CSR and accountability mechanisms, contracts and codes of conduct)"-- Provided by publisher.
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Notes:Includes bibliographical references and index.
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ISBN:9781107030770
1107030773
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Contents:Machine generated contents note: pt. I Protecting the environment in the twenty-first century: the role of the private sector
1. International environmental law: looking at the past to shape the future / Pierre-Marie Dupuy
Introduction
1.1. Gradual expansion
1.1.1. expanding spatial scope
1.1.2. Framework of intervention
1.2. Increasing complexity
1.2.1. Normative methods
1.2.2. Institutional mechanisms
1.3. Persistence of initial tensions
1.3.1. confined mindset
1.3.2. Environmental protection and economic Interests
2. private sector and the challenge of implementation / Francesco Francioni
Introduction
2.1. Implementation of international environmental law in context
2.2. normative perspective of `functional' sovereignty
2.3. Implementing environmental standards by `other' means
2.4. Improving the effectiveness of international environmental law through institutional reform
3. political environment of environmental law / Urs Luterbacher
Introduction
3.1. Analysing the `commons' problem
3.2. problem of cooperation
3.3. Negotiating environmental problems: the example of climate change
3.3.1. Negotiations and the Coase theorem
3.3.2. Significance of the Coase theorem
3.3.3. Efficiency of compensations
3.4. Implementation problems
Conclusion
4. applicability of international environmental law to private enterprises / Vanessa Richard
4.1. Conceptualising the problem
4.2. incidence of `inter-state' international environmental law
4.2.1. growing hold on enterprises
4.2.2. But a fragile hold
4.3. Development and diversification of international environmental legal norms affecting enterprises
4.3.1. Features: soft law and soft regulation
4.3.2. Does `soft regulation' mean `soft implementation'?
Conclusion
5. Economics of green economies: investment in green growth and how it works / Timothy Swanson
Introduction
5.1. Environmental policy as development policy
5.2. Green development paths: the direction of development
5.3. Green development paths: the form of development
5.4. Competitiveness: the benefits from green development paths
5.5. Choosing development pathways: the governmental role
5.6. Green economies, green development paths and innovative investments
5.6.1. Innovation and rents: the basic economics
5.6.2. Technology and policy leadership: the case of Japan
5.6.2.1. Technology leadership
5.6.2.2. Policy leadership in environmental regulation
5.6.3. Technology leadership: the Danish windmill industry
5.6.3.1. Infant industry policy, the importance of scale and learning by doing
5.6.3.2. impact of technological leadership: enjoying success
5.6.3.3. Policy and technology leadership: Danish wind turbine technologies
Conclusion
pt. II Foreign investment and environmental protection: incentives
6. Key instruments of private environmental finance: funds, project finance and market mechanisms / Magnus Jesko Langer
Introduction
6.1. Environmental finance: an overview
6.2. Private funds
6.2.1. SRI market in the private fund industry
6.2.2. Diversification of SRI investment vehicles
6.2.3. Legal framework governing the investment industry
6.2.4. Challenges for the future growth of SRI
6.3. Project finance
6.3.1. Multilateral development banks engaging the private sector
6.3.2. Financial intermediaries
6.3.3. Equator Principles
6.4. Market mechanism
6.4.1. Carbon markets
6.4.2. Payment for environmental or ecosystem services
Conclusion
7. potential of international climate change law to mobilise low-carbon foreign direct investment / Daniel M. Firger
Introduction
7.1. Understanding the carbon market(s)
7.1.1. `regime complex' for climate change
7.1.2. Creating carbon credits
7.1.2.1. Allowances
7.1.2.2. Offsets
7.2. Joint implementation
7.2.1. Background
7.2.2. Track 1 versus 2 projects
7.2.3. Outlook
7.3. clean development mechanism
7.3.1. Background
7.3.2. Governance and reform
7.4. REDD
7.4.1. Background
7.4.2. Challenges
7.5. Comparative assessment of future potential
Conclusion
8. Channelling investment into biodiversity conservation: ABS and PES schemes / Riccardo Pavoni
Introduction: The Business Case For Biodiversity After The Failure Of The 2010 Target
8.1. Market-based mechanisms and the regulatory `command-and-control' approach: mutually exclusive or complementary?
8.2. Positive incentive mechanisms to foster the conservation and sustainable use of biodiversity: benefit-sharing agreements
8.3. Payments for ecosystem services
Conclusion
9. role of insurance risk transfer in encouraging climate investment in developing countries / Swenja Surminski
Introduction
9.1. Financial instruments and environmental protection in developing countries: the role of insurance
9.2. case of insurance risk-transfer and climate-related investments in developing countries
9.2.1. Introductory observations
9.2.2. Liability insurance
9.2.3. Project insurance
9.2.3.1. Common project risks
9.2.3.2. Carbon-finance-specific risks
9.2.3.3. Political risk
9.2.4. Natural disaster cover
9.2.5. Policy risks
Conclusion
10. Trade-related incentives: the international negotiations over environmental goods and services / Konstantine K. Athanasakou
Introduction
10.1. WTO negotiations on environmental goods and services
10.1.1. framework of the negotiations
10.1.2. Negotiations over environmental goods
10.1.3. Environmental services negotiations
10.2. Technology dissemination in the context of the EGS negotiations
10.2.1. Environmental technologies as a criterion
10.2.2. EGS technologies and investment
Conclusion
pt. III Foreign investment and environmental protection: safeguards
11. environmental regulation of foreign investment schemes under international law / Jorge E. Vinuales
Introduction
11.1. `Legitimacy conflicts' versus `normative conflicts'
11.2. `traditional approach'
11.2.1. `Suspicious' environmental measures
11.2.2. `Subordinated' environmental measures
11.3. more `progressive approach'
11.3.1. Internationally Induced measures are less suspicious
11.3.2. Internationally induced measures are not subordinated
11.4. `upgraded approach'
11.4.1. Environmental differentiation
11.4.2. Adjusting the level of `reasonableness' expected from investors
11.4.3. use of the police powers doctrine
11.4.4. broader scope for emergency/necessity clauses
11.5. Some prospective observations
11.5.1. Obstacles to a `progressive approach'
11.5.2. contribution of soft mechanisms
11.5.3. contribution of adjudication mechanisms
12. From corporate social responsibility to accountability mechanisms / Elisa Morgera
Introduction
12.1. From corporate social responsibility to corporate accountability through converging environmental standards
12.2. Increased convergence in 2011 reviews
12.3. Business and human rights: what role for corporate environmental accountability standards?
12.4. From corporate social responsibility to corporate accountability through multiple monitoring mechanisms
12.4.1. Global Compact's integrity measures
12.4.2. Communications to the UN Special Rapporteur on indigenous peoples' rights
12.4.3. IFC ombudsman
12.4.4. OECD Guidelines implementation procedure
12.5. Institutional fragmentation and substantive unity: the role of the CBD
Conclusion
13. Beyond law as tools: foreign investment projects and the contractualisation of environmental protection / Natasha Affolder
Introduction
13.1. Environmental law as tools: prevailing approaches
13.1.1. preference of legal scholars
13.1.2. sources of information on project-specific contracts
13.1.3. limited scope of the legal radar
13.1.4. Beyond an instrumentalist view of contracts
13.2. Foreign investment projects and environmental protection: contracts as blind spots
13.2.1. Extractive industry projects and contractual webs
13.2.2. Transnational conservation contracts
13.2.2.1. Conservation concession agreements
13.2.2.2. Conservation performance payments agreements
13.2.2.3. Forest carbon agreements
13.2.2.4. Private protected areas and company reserves
13.2.2.5. Access and benefit-sharing agreements
13.2.2.6. Debt-for-nature swaps
13.2.3. Governance by contract
13.3. Project-specific research: of materials and methods
Conclusion: `REASONABLE EXPECTATIONS'
14. Socially responsible investing through voluntary codes / Benjamin J. Richardson
Introduction
14.1. evolution of socially responsible investing
14.2. Codes of conduct for SRI
14.3. Typology of SRI codes
14.3.1. Differentiating voluntary codes
14.3.2. Financiers' codes
14.3.3. Joint financier-public authority codes
14.3.4. Public authority codes
14.3.5. Third-party codes
14.3.6. Joint financier-third-party codes
14.3.7. Multi-party codes and integrated rule-making
Conclusion: The Future of Sri Governance
15. enforcement of environmental norms in investment treaty arbitration / Zachary Douglas
Introduction
15.1. investor's right to claim damages under an investment treaty
15.1.1. proper conceptual basis for the investor's rights
Contents note continued: 15.1.2. contractual analogy
15.1.3. tort analogy
15.1.4. enforcement of international environmental norms by the investor
15.2. host state's right to counterclaim under an investment treaty
15.2.1. source of the host state's right to counterclaim
15.2.2. scope of permissible counterclaims
15.2.3. scope for enforcing international environmental norms through counterclaims by the host state
15.3. Can a host state enforce international environmental norms by way of counterclaim without a foothold in an investment contract or in domestic law?
15.3.1. analogy with the Alien Tort Statute
15.3.2. power of an investment tribunal to operationalise international environmental norms
Conclusion.