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Paul W. Grimes
Diane Fromage and Renato Ibrido
At the heart of the discussions on Brexit are issues about the future balance between the mobility and place-dependency of cross-border flows and networks. This chapter examines this issue against the background of the internal market and the Banking Union. It will be shown that both in an internal market context and in a Banking Union context, improvements in ‘spatial mobility’ are enabled, supported and controlled by processes of state-EU ‘rescaling’. However, the UK is committed to retreat from the EU level, including from internal market membership. At the time of writing, there is significant uncertainty about what (if anything) will substitute for mobility-enhancing arrangements and for traditional state-EU rescaling that has gone hand in hand with improvements in cross-border mobility. This chapter will discuss what is known so far.
Peter A.G. van Bergeijk
Dominic Npoanlari Dagbanja
This chapter is concerned with foreign direct investment and international investment law in Africa. It contributes to an understanding of the nature and scope of international investment law in Africa and the role of development in the making of IIAs in Africa. It highlights the role the search for development has played in the conclusion of bilateral investment treaties and continental and regional international investment agreements (IIAs) in Africa. The chapter argues that investment dispute settlement tribunals have an obligation to take account of the development objective in interpreting African IIAs. Furthermore, the chapter explores the historical and political contexts of investment treaties in Africa. The substantive standards of bilateral and continental and regional investment treaties in Africa as well as national investment laws and policies in Africa are examined.
For a variety of reasons, some of them structural, the conventions and norms of a legal system can never capture and domesticate the concept of justice. Justice always exceeds its application in law. The agony of the law is that the tools of the law cannot do justice to justice. Many legal systems fail to deliver the shallow justice they promise. The conceptions of deep justice within a legal system conflict and can be incoherent. Constructing a critique of law from the true justice of a utopia is totalitarian. Confining oneself to an immanent critique fails to recognize when revolutionary change is required. Augustine founded his critique of the Pax Romana in a transcendental true justice which could not be fully instantiated. Critical natural law theory focuses on the victims of injustice, it regards law is imperfectible, but seeks relative movements towards truer justice.