No Greater Rights for Foreign Investors
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Foreign Investors from the extractive industry are exploiting investors rights clauses found in many free trade agreements and bi-lateral investment treaties in order to sue the countries in which they are operating if the government implements or enforces a public policy that affects their profits. In this way the extractive industry is undermining environmental laws and threatening national sovereignty. This is the story of one such case in Peru.
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1 UNIVERSITY OF PORTSMOUTH BUSINESS SCHOOL BUS.docx
1
UNIVERSITY OF PORTSMOUTH BUSINESS SCHOOL
BUSINESS & EMPLOYMENT LAW
(U21764 & U24401)
Unit co-ordinator - HELEN BURTON
[email protected]
Anglesea 1.60
Lecture Notes
2017
2
3
Week Week
beginning
Lecture Seminar
1 25
September
Introduction to the unit
Classification & sources of law
What is law?
2 2 October Domestic legislation and
European law
Classification and sources of law
3 9 October Case law and judicial
precedent
How to read and understand
cases
Legislation and statutory
interpretation
4 16 October Introduction to contract law
Contract formation
Case law and judicial precedent
How to read and understand
cases
5 23 October Contractual terms Contract formation
6 30 October Controls on exemption
clauses and unfair terms
Contractual terms
7 6 November Misrepresentation Controls on exemption clauses
and unfair terms
8 13 November Discharging a contract
Remedies for breach of
contract
Misrepresentation
9 20 November Introduction to the law of tort Discharging a contract
Remedies for breach of contract
10 27 November Negligence Introduction to the law of tort
11 4 December Vicarious liability, defences
and remedies in tort
Negligence
12 11 December No lecture Work on Moodle to help with
coursework due 12th January
Business Law
Autumn Teaching Block 2017
4
5
CONTENT OF THIS LECTURE
· Introduction to the unit
· What is law?
· Classification of law
· Sources of law
· Overview of the Courts System
Introduction to this unit
To help you throughout the year don’t forget these resources:
1 Two printed handouts:-
i. Lecture notes (you need to supplement these with your own notes, spaces have been
left for you to do so).
ii. Seminar questions.
2 University Library
3 Moodle
4 Lecturer and seminar tutors
5 Core text
6 Unit handbook, this is on Moodle and has lots of useful info about the unit, you will need to
refer to it throughout the year
Lectures only give an overview of a topic.
You need to read beyond your lecture notes!
LECTURE ONE
Introduction to the Unit
Classification and Sources of Law
6
Preparation for seminars
Seminars are most important and you should prepare for them properly and attend each week.
Evidence shows a clear link between those students who do not attend seminars and those who do
badly and fail coursework and exams
To ensure this does not happen to you make sure you:
Read the pages of the core text indicated on the seminar sheet before the seminar.
· Identify what words you will need to understand in order to answer the questions on the seminar
sheet.
· Prepare answers to the questions on the seminar sheets.
· After the class, engage in some further reading as listed on your seminar sheets.
· Ask your seminar tutor to go over any points you are not certain about, they
are ...
Vietnam_ The most Important Clause in Any Commercial Contract in Vietnam - Ge...
Vietnam_ The most Important Clause in Any Commercial Contract in Vietnam - Get Your Dispute Resolution Clause Right!
The Most Important Clause In Any Commercial Contract In Vietnam – Get Your Di...
The Most Important Clause In Any Commercial Contract In Vietnam – Get Your Dispute Resolution Clause Right!
Ris itescaa capacity building progremme
This Presentation was given by Preet Sethi on the 19th of Feb 2013 at the RIS’ (Research and Information Systems for Developing Countries) Capacity Building Programme on 'International Economic Issues and Development Policy (IEIDP)' under the ITEC / SCAAP Programme of the Ministry of External Affairs, GOI. The topic of the presentation is ‘Legal Issues in Global Business Negotiations’
Common law
This document discusses the key legal issues companies face when doing international business. It explains that there is no single international commercial law, and companies must comply with the laws of each country they operate in. The major legal systems are outlined as common law, civil/code law, Islamic law, and Marxist-socialist law. Key differences between these systems are explained. The document also discusses international legal disputes, marketing laws in different countries, intellectual property rights, environmental regulations, antitrust laws, and unresolved cyberlaw issues.
NAFTA Chapter 11: The Investor's Weapon of Choice
This slide deck covers NAFTA and Chapter 11, the Chapter 11 Claim Procedure, and substantive investor protections under Chapter 11. It explains the highly important Most-Favored Nation (MFN), Minimum Standard of Treatment, Performance Requirements and Expropriation provisions.
International Arbitration Quarterly Bulletin, February 2016
The document summarizes developments in international arbitration from several jurisdictions:
1) It discusses enforcing foreign arbitration awards in Thailand and Vietnam, noting the procedural difficulties in both countries but that Thailand takes a more conservative approach.
2) It analyzes a recent UK court decision on the enforceability of a penalty clause in an arbitration award.
3) It reviews a Dubai court judgment on arbitration tribunal immunity.
4) It discusses a Privy Council decision on optional arbitration clauses.
5) It provides an update on proposed revisions to the SIAC arbitration rules and new investment arbitration rules.
Ijmet 10 01_144
Foreign Investment is an important activity in order to improve economic growth and
prosperity of society. It needs to be supported with legal instruments that can guarantee
and protect the investments. The formation of legal instruments is strongly affected by the
economic and political interests of the country, therefore sometimes it goes against the
principle of legal certainty. By using normative jurisdictional research methods in this
study, the Author will discuss about the principles and concepts used by the government
to establish a policy on foreign investment.
Similar to No Greater Rights for Foreign Investors (20)
EULA Agreements: Do They Fit All Latin American Countries?
EULA Agreements: Do They Fit All Latin American Countries?
Pob stage 2 lecture 8 slides the english legal system
Pob stage 2 lecture 8 slides the english legal system
Consulta pública sobre as modalidades de protecção do investimento e ISDS em ...
Consulta pública sobre as modalidades de protecção do investimento e ISDS em ...
Democratizing Investment Law: Ensuring Minimum Standards for Host States
Democratizing Investment Law: Ensuring Minimum Standards for Host States
1 UNIVERSITY OF PORTSMOUTH BUSINESS SCHOOL BUS.docx
1 UNIVERSITY OF PORTSMOUTH BUSINESS SCHOOL BUS.docx
Vietnam_ The most Important Clause in Any Commercial Contract in Vietnam - Ge...
Vietnam_ The most Important Clause in Any Commercial Contract in Vietnam - Ge...
The Most Important Clause In Any Commercial Contract In Vietnam – Get Your Di...
The Most Important Clause In Any Commercial Contract In Vietnam – Get Your Di...
International Arbitration Quarterly Bulletin, February 2016
International Arbitration Quarterly Bulletin, February 2016
Recently uploaded
RFP for Reno's Community Assistance Center
Property appraisals completed in May for downtown Reno’s Community Assistance and Triage Centers (CAC) reveal that repairing the buildings to bring them back into service would cost an estimated $10.1 million—nearly four times the amount previously reported by city staff.
原版制作(DPU毕业证书)德保罗大学毕业证Offer一模一样
学校原件一模一样【微信：741003700 】《(DPU毕业证书)德保罗大学毕业证》【微信：741003700 】学位证，留信认证（真实可查，永久存档）原件一模一样纸张工艺/offer、雅思、外壳等材料/诚信可靠,可直接看成品样本，帮您解决无法毕业带来的各种难题！外壳，原版制作，诚信可靠，可直接看成品样本。行业标杆！精益求精，诚心合作，真诚制作！多年品质 ,按需精细制作，24小时接单,全套进口原装设备。十五年致力于帮助留学生解决难题，包您满意。
本公司拥有海外各大学样板无数，能完美还原。
1:1完美还原海外各大学毕业材料上的工艺：水印，阴影底纹，钢印LOGO烫金烫银，LOGO烫金烫银复合重叠。文字图案浮雕、激光镭射、紫外荧光、温感、复印防伪等防伪工艺。材料咨询办理、认证咨询办理请加学历顾问Q/微741003700
【主营项目】
一.毕业证【q微741003700】成绩单、使馆认证、教育部认证、雅思托福成绩单、学生卡等！
二.真实使馆公证(即留学回国人员证明,不成功不收费)
三.真实教育部学历学位认证（教育部存档！教育部留服网站永久可查）
四.办理各国各大学文凭(一对一专业服务,可全程监控跟踪进度)
如果您处于以下几种情况：
◇在校期间，因各种原因未能顺利毕业……拿不到官方毕业证【q/微741003700】
◇面对父母的压力，希望尽快拿到；
◇不清楚认证流程以及材料该如何准备；
◇回国时间很长，忘记办理；
◇回国马上就要找工作，办给用人单位看；
◇企事业单位必须要求办理的
◇需要报考公务员、购买免税车、落转户口
◇申请留学生创业基金
留信网认证的作用:
1:该专业认证可证明留学生真实身份
2:同时对留学生所学专业登记给予评定
3:国家专业人才认证中心颁发入库证书
4:这个认证书并且可以归档倒地方
5:凡事获得留信网入网的信息将会逐步更新到个人身份内，将在公安局网内查询个人身份证信息后，同步读取人才网入库信息
6:个人职称评审加20分
7:个人信誉贷款加10分
8:在国家人才网主办的国家网络招聘大会中纳入资料，供国家高端企业选择人才
Contributi dei parlamentari del PD - Contributi L. 3/2019
DI SEGUITO SONO PUBBLICATI, AI SENSI DELL'ART. 11 DELLA LEGGE N. 3/2019, GLI IMPORTI RICEVUTI DALL'ENTRATA IN VIGORE DELLA SUDDETTA NORMA (31/01/2019) E FINO AL MESE SOLARE ANTECEDENTE QUELLO DELLA PUBBLICAZIONE SUL PRESENTE SITO
Transit-Oriented Development Study Working Group Meeting
This presentation on TOD best practices and model zoning was shared with the Cuyahoga County TOD working group on June 5, 2024.
Combined Illegal, Unregulated and Unreported (IUU) Vessel List.
The best available, up-to-date information on all fishing and related vessels that appear on the illegal, unregulated, and unreported (IUU) fishing vessel lists published by Regional Fisheries Management Organisations (RFMOs) and related organisations. The aim of the site is to improve the effectiveness of the original IUU lists as a tool for a wide variety of stakeholders to better understand and combat illegal fishing and broader fisheries crime.
To date, the following regional organisations maintain or share lists of vessels that have been found to carry out or support IUU fishing within their own or adjacent convention areas and/or species of competence:
Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR)
Commission for the Conservation of Southern Bluefin Tuna (CCSBT)
General Fisheries Commission for the Mediterranean (GFCM)
Inter-American Tropical Tuna Commission (IATTC)
International Commission for the Conservation of Atlantic Tunas (ICCAT)
Indian Ocean Tuna Commission (IOTC)
Northwest Atlantic Fisheries Organisation (NAFO)
North East Atlantic Fisheries Commission (NEAFC)
North Pacific Fisheries Commission (NPFC)
South East Atlantic Fisheries Organisation (SEAFO)
South Pacific Regional Fisheries Management Organisation (SPRFMO)
Southern Indian Ocean Fisheries Agreement (SIOFA)
Western and Central Pacific Fisheries Commission (WCPFC)
The Combined IUU Fishing Vessel List merges all these sources into one list that provides a single reference point to identify whether a vessel is currently IUU listed. Vessels that have been IUU listed in the past and subsequently delisted (for example because of a change in ownership, or because the vessel is no longer in service) are also retained on the site, so that the site contains a full historic record of IUU listed fishing vessels.
Unlike the IUU lists published on individual RFMO websites, which may update vessel details infrequently or not at all, the Combined IUU Fishing Vessel List is kept up to date with the best available information regarding changes to vessel identity, flag state, ownership, location, and operations.
原版制作(英国Southampton毕业证书)南安普顿大学毕业证录取通知书一模一样
学校原件一模一样【微信：741003700 】《(英国Southampton毕业证书)南安普顿大学毕业证》【微信：741003700 】学位证，留信认证（真实可查，永久存档）原件一模一样纸张工艺/offer、雅思、外壳等材料/诚信可靠,可直接看成品样本，帮您解决无法毕业带来的各种难题！外壳，原版制作，诚信可靠，可直接看成品样本。行业标杆！精益求精，诚心合作，真诚制作！多年品质 ,按需精细制作，24小时接单,全套进口原装设备。十五年致力于帮助留学生解决难题，包您满意。
本公司拥有海外各大学样板无数，能完美还原。
1:1完美还原海外各大学毕业材料上的工艺：水印，阴影底纹，钢印LOGO烫金烫银，LOGO烫金烫银复合重叠。文字图案浮雕、激光镭射、紫外荧光、温感、复印防伪等防伪工艺。材料咨询办理、认证咨询办理请加学历顾问Q/微741003700
【主营项目】
一.毕业证【q微741003700】成绩单、使馆认证、教育部认证、雅思托福成绩单、学生卡等！
二.真实使馆公证(即留学回国人员证明,不成功不收费)
三.真实教育部学历学位认证（教育部存档！教育部留服网站永久可查）
四.办理各国各大学文凭(一对一专业服务,可全程监控跟踪进度)
如果您处于以下几种情况：
◇在校期间，因各种原因未能顺利毕业……拿不到官方毕业证【q/微741003700】
◇面对父母的压力，希望尽快拿到；
◇不清楚认证流程以及材料该如何准备；
◇回国时间很长，忘记办理；
◇回国马上就要找工作，办给用人单位看；
◇企事业单位必须要求办理的
◇需要报考公务员、购买免税车、落转户口
◇申请留学生创业基金
留信网认证的作用:
1:该专业认证可证明留学生真实身份
2:同时对留学生所学专业登记给予评定
3:国家专业人才认证中心颁发入库证书
4:这个认证书并且可以归档倒地方
5:凡事获得留信网入网的信息将会逐步更新到个人身份内，将在公安局网内查询个人身份证信息后，同步读取人才网入库信息
6:个人职称评审加20分
7:个人信誉贷款加10分
8:在国家人才网主办的国家网络招聘大会中纳入资料，供国家高端企业选择人才
Monitoring Health for the SDGs - Global Health Statistics 2024 - WHO
The 2024 World Health Statistics edition reviews more than 50 health-related indicators from the Sustainable Development Goals and WHO’s Thirteenth General Programme of Work. It also highlights the findings from the Global health estimates 2021, notably the impact of the COVID-19 pandemic on life expectancy and healthy life expectancy.
快速办理(Bristol毕业证书)布里斯托大学毕业证Offer一模一样
学校原件一模一样【微信：741003700 】《(Bristol毕业证书)布里斯托大学毕业证》【微信：741003700 】学位证，留信认证（真实可查，永久存档）原件一模一样纸张工艺/offer、雅思、外壳等材料/诚信可靠,可直接看成品样本，帮您解决无法毕业带来的各种难题！外壳，原版制作，诚信可靠，可直接看成品样本。行业标杆！精益求精，诚心合作，真诚制作！多年品质 ,按需精细制作，24小时接单,全套进口原装设备。十五年致力于帮助留学生解决难题，包您满意。
本公司拥有海外各大学样板无数，能完美还原。
1:1完美还原海外各大学毕业材料上的工艺：水印，阴影底纹，钢印LOGO烫金烫银，LOGO烫金烫银复合重叠。文字图案浮雕、激光镭射、紫外荧光、温感、复印防伪等防伪工艺。材料咨询办理、认证咨询办理请加学历顾问Q/微741003700
【主营项目】
一.毕业证【q微741003700】成绩单、使馆认证、教育部认证、雅思托福成绩单、学生卡等！
二.真实使馆公证(即留学回国人员证明,不成功不收费)
三.真实教育部学历学位认证（教育部存档！教育部留服网站永久可查）
四.办理各国各大学文凭(一对一专业服务,可全程监控跟踪进度)
如果您处于以下几种情况：
◇在校期间，因各种原因未能顺利毕业……拿不到官方毕业证【q/微741003700】
◇面对父母的压力，希望尽快拿到；
◇不清楚认证流程以及材料该如何准备；
◇回国时间很长，忘记办理；
◇回国马上就要找工作，办给用人单位看；
◇企事业单位必须要求办理的
◇需要报考公务员、购买免税车、落转户口
◇申请留学生创业基金
留信网认证的作用:
1:该专业认证可证明留学生真实身份
2:同时对留学生所学专业登记给予评定
3:国家专业人才认证中心颁发入库证书
4:这个认证书并且可以归档倒地方
5:凡事获得留信网入网的信息将会逐步更新到个人身份内，将在公安局网内查询个人身份证信息后，同步读取人才网入库信息
6:个人职称评审加20分
7:个人信誉贷款加10分
8:在国家人才网主办的国家网络招聘大会中纳入资料，供国家高端企业选择人才
Donate to charity during this holiday season
For people who have money and are philanthropic, there are infinite opportunities to gift a needy person or child a Merry Christmas. Even if you are living on a shoestring budget, you will be surprised at how much you can do.
Donate Us
https://serudsindia.org/how-to-donate-to-charity-during-this-holiday-season/
#charityforchildren, #donateforchildren, #donateclothesforchildren, #donatebooksforchildren, #donatetoysforchildren, #sponsorforchildren, #sponsorclothesforchildren, #sponsorbooksforchildren, #sponsortoysforchildren, #seruds, #kurnool
2024: The FAR - Federal Acquisition Regulations, Part 40
Jennifer Schaus and Associates hosts a complimentary webinar series on The FAR in 2024. Join the webinars on Wednesdays and Fridays at noon, eastern.
Recordings are on YouTube and the company website.
https://www.youtube.com/@jenniferschaus/videos
Indira P.S Vs sub Collector Kochi - The settlement register is not a holy cow...
Indira P.S Vs sub Collector Kochi - The settlement register is not a holy cow...Jamesadhikaram land matter consultancy 9447464502
Indira P.S Vs sub Collector Kochi - The settlement register is not a holy cow James Joseph AdhikarathilBangladesh studies presentation on Liberation War 1971 Indepence-of-Banglades...
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A guide to the International day of Potatoes 2024 - May 30th
Food and Agricultural Organization (FAO)
Border towns and spaces of (in)visibility.pdf
This report explores the significance of border towns and spaces for strengthening responses to young people on the move. In particular it explores the linkages of young people to local service centres with the aim of further developing service, protection, and support strategies for migrant children in border areas across the region. The report is based on a small-scale fieldwork study in the border towns of Chipata and Katete in Zambia conducted in July 2023. Border towns and spaces provide a rich source of information about issues related to the informal or irregular movement of young people across borders, including smuggling and trafficking. They can help build a picture of the nature and scope of the type of movement young migrants undertake and also the forms of protection available to them. Border towns and spaces also provide a lens through which we can better understand the vulnerabilities of young people on the move and, critically, the strategies they use to navigate challenges and access support.
The findings in this report highlight some of the key factors shaping the experiences and vulnerabilities of young people on the move – particularly their proximity to border spaces and how this affects the risks that they face. The report describes strategies that young people on the move employ to remain below the radar of visibility to state and non-state actors due to fear of arrest, detention, and deportation while also trying to keep themselves safe and access support in border towns. These strategies of (in)visibility provide a way to protect themselves yet at the same time also heighten some of the risks young people face as their vulnerabilities are not always recognised by those who could offer support.
In this report we show that the realities and challenges of life and migration in this region and in Zambia need to be better understood for support to be strengthened and tuned to meet the specific needs of young people on the move. This includes understanding the role of state and non-state stakeholders, the impact of laws and policies and, critically, the experiences of the young people themselves. We provide recommendations for immediate action, recommendations for programming to support young people on the move in the two towns that would reduce risk for young people in this area, and recommendations for longer term policy advocacy.
A Guide to AI for Smarter Nonprofits - Dr. Cori Faklaris, UNC Charlotte
A Guide to AI for Smarter Nonprofits - Dr. Cori Faklaris, UNC CharlotteUniversity of North Carolina at Charlotte
Working with data is a challenge for many organizations. Nonprofits in particular may need to collect and analyze sensitive, incomplete, and/or biased historical data about people. In this talk, Dr. Cori Faklaris of UNC Charlotte provides an overview of current AI capabilities and weaknesses to consider when integrating current AI technologies into the data workflow. The talk is organized around three takeaways: (1) For better or sometimes worse, AI provides you with “infinite interns.” (2) Give people permission & guardrails to learn what works with these “interns” and what doesn’t. (3) Create a roadmap for adding in more AI to assist nonprofit work, along with strategies for bias mitigation.
Recently uploaded (20)
Contributi dei parlamentari del PD - Contributi L. 3/2019
Contributi dei parlamentari del PD - Contributi L. 3/2019
Transit-Oriented Development Study Working Group Meeting
Transit-Oriented Development Study Working Group Meeting
Combined Illegal, Unregulated and Unreported (IUU) Vessel List.
Combined Illegal, Unregulated and Unreported (IUU) Vessel List.
Monitoring Health for the SDGs - Global Health Statistics 2024 - WHO
Monitoring Health for the SDGs - Global Health Statistics 2024 - WHO
2024: The FAR - Federal Acquisition Regulations, Part 40
2024: The FAR - Federal Acquisition Regulations, Part 40
Indira P.S Vs sub Collector Kochi - The settlement register is not a holy cow...
Indira P.S Vs sub Collector Kochi - The settlement register is not a holy cow...
Bangladesh studies presentation on Liberation War 1971 Indepence-of-Banglades...
Bangladesh studies presentation on Liberation War 1971 Indepence-of-Banglades...
A guide to the International day of Potatoes 2024 - May 30th
A guide to the International day of Potatoes 2024 - May 30th
A Guide to AI for Smarter Nonprofits - Dr. Cori Faklaris, UNC Charlotte
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No Greater Rights for Foreign Investors
- 1. No Greater Rights for Foreign Investors Addressing International Investment Law’s Threat to Democracy and the Environment
- 2. Agenda 1) Issue: International Investment Law 2) Foreign investor rights 3) Investor-state arbitration 4) Reform investment law to protect communities
- 3. Shifting power from people to profits Domestic laws People have rights Remedies go both ways Heard in the national courts PEOPLE
- 4. Shifting power from people to profits Investment Treaty Investors have rights Remedies for investors only Heard in international tribunal Domestic laws People have rights Remedies go both ways Heard in the national courts PEOPLE PROFITS
- 5. Foreign Investor Rights Non-discriminatory treatment: - Same as national investors - Same as other foreign investors Compensation for direct/indirect expropriation: - Money to investor for physical confiscation - Money to investor for decrease in value due to a policy Fair and equitable treatment (FET): - Vague and expansive- arbitrators will define - Recent interpretations: Not upset investor expectations, e.g. by changing laws
- 6. Investor-State Arbitration Domestic Courts International Arbitration Judges Elected or appointed judges Procedure Domestic courts and rules Decisions Appeals process
- 7. Investor-State Arbitration Domestic Courts International Arbitration Judges Elected or appointed judges Selected arbitrators Procedure Domestic courts and rules Decisions Appeals process
- 8. Investor-State Arbitration Domestic Courts International Arbitration Judges Elected or appointed judges Selected arbitrators Procedure Domestic courts and rules International sites and arbitration rules Decisions Appeals process
- 9. Investor-State Arbitration Domestic Courts International Arbitration Judges Elected or appointed judges Selected arbitrators Procedure Domestic courts and rules International sites and arbitration rules Decisions Appeals process Binding and final
- 10. What does “LOSING” mean to a country? Pay $$$ claimed by the foreign investor Agree to stop public policy?+
- 11. Reform Options • Make investors go to local courts first • Withdraw from ICSID • Exclude the really important laws • Cut out investor-state arbitration
- 12. What can you do? • Ask Congress to sign on to a letter to Hillary Clinton requesting that the US not side with DRP on the Renco Dispute • Educate on need to reform US investment agreements • Spread word in local community: – visit the PCUSA website (live links to sermons and further fact sheets) – visit the OxFam website (e-Action) – visit www.justinvestment.org
- 13. For more information: PCUSA website: www.pcusa.org/trade