Public international law forms an umbrella framework under which its various substantive areas of law sit. The fragmentation this represents is a well-known phenomenon in international law and its implications are manifold.1 A key aspect of this fragmentation and increasing specialisation is the potential for competing norms to encounter each other within the international legal space. There seem to be several mechanisms for resolution of this available in theory, and not a great deal of consistency in practice. One area of contestation in particular has attracted controversy, largely due to the public interest issues implicated, the asymmetries in dispute settlement approaches and the prioritising of one set of norms over another – environmental law, policy and protection objectives and international investment law. The environment/investment nexus became a high-profile international issue through a number of coinciding, parallel channels. On one level, the damaging effects of the activities of multinational corporations on the environment and the health and well-being of local communities formed the backdrop against which international legal issues would be played out. Catastrophic examples of this mode of encounter included the Bhopal disaster, the ‘dieback’ experienced downstream from the BHP copper and gold mine at Ok Tedi and Chevron/Texaco’s leaching of crude oil into the Amazonian ecosystem. At the same time as such micro-level incidents were occurring, global environmental issues that involved multinational corporate operations, such as climate change and the need for the widespread adoption of policies aimed at achieving sustainable development, were appearing in international instruments. The environment/investment nexus also became particularly visible in the late 1990s in the context of investor-state arbitration, when environment- related investment disputes began to be filed with international tribunals, which then triggered extensive protests regarding the negotiation of a Multilateral Agreement on Investment under the auspices of the Organisation for Economic Co-operation and Development (OECD). From that point onwards, the interaction between the treatment of environmental issues and norms and the rules contained within international investment agreements remained controversial.
Jonathan Kirk, Thomas Samuels and Lee Finch
An introduction and overview of how claims relating to the mis-selling of financial products have evolved. A consideration of the impact of mis-selling and the importance of financial services regulation in framing or defending a mis-selling claim. An analysis of the impact of Brexit and other potential future developments in this area.
Albert N. Link and John T. Scott
IHL protects the life and dignity of persons affected by armed conflicts, but only to the extent States consider their respect to be compatible with the legitimate aim of an armed conflict to weaken the military potential of the enemy. The precise protection offered by IHL depends on the classification of the conflict as international or non-international, the classification of the affected person as a civilian or combatant and many other legal categorizations.
This chapter outlines the key arguments in the book. Cities and Regions in Crisis suggests that economic development policy failure has been continually moved around. Contradictions necessitate displacement and transformation, but the crisis management strategies of the state themselves are always subject to new forms of crisis tendency, which points to the always unstable nature of economic governance and economic development. It suggests that economic development is heterogeneous, mutable, and involves variegated responses, producing unstable uneven geographical outcomes. A political economy framework for grappling with this is desperately needed and the chapter outlines: firstly, a consideration of the relationship between geography, public policy, the state, and space; secondly, a long-run analysis of the historical specificities, trends, and counter-trends of state intervention within capitalism; and thirdly, the interconnecting of analyses of economic development with changes in social policy, given the value-relations aspects of capitalism within which state intervention occurs.
Zsuzsa A. Ferenczy
This chapter sets the scene for the assessment of Europe’s normative power effectiveness and its limitations in shaping China’s development along international norms. It presents the structure, methodology, theory and outline of the book and introduces the core concepts and context. Europe and China are central to addressing key international challenges. As a normative power, Europe has committed to socializing China with international norms. China, as an emerging actor seeking international recognition has expanded its own international ambitions, navigating between the embrace and dismissal of international norms. In this process, their influence has been mutual. Since the 2008 financial turmoil, followed by a political crisis, Europe’s standing and influence regarding China have however suffered. With its fragmented governance and divided Europe and a confident China, the book investigates the dynamics of European foreign policy. It assesses Europe’s international capacity, the extent to which it can actually shape China’s development.
Dieter K. Müller
The Introduction provides a short overview of the role of future projections such as research agendas for future scientific endeavours. This is done in relation to the restructuring of geography departments and the outsourcing of tourism geographies to other institutional contexts. Furthermore the chapter provides a summarizing overview of the chapters included in the book.