Markus Krajewski - Böcker

International investment law is in transition. Whereas the prevailing mindset has always been the protection of the economic interests of individual investors, new developments in international investment law have brought about a paradigm shift. There is now more than ever before an interest in a more inclusive, transparent, and public regime. Shifting Paradigms in International Investment Law addresses these changes against the background of the UNCTAD framework to reform investment treaties. The book analyses how the investment treaty regime has changed and how it ought to be changing to reconcile private property interests and the state's duty to regulate in the public interest. In doing so, the volume tracks attempts in international investment law to recalibrate itself towards a more balanced, less isolated, and increasingly diversified regime. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers.

The Routledge Handbook on Extraterritorial Human Rights Obligations brings international scholarship on transnational human rights obligations into a comprehensive and wide-ranging volume. Each chapter combines a thorough analysis of a particular issue area and provides a forward-looking perspective of how extraterritorial human rights obligations (ETOs) might come to be more fully recognized, outlining shortcomings but also best state practices. It builds insights gained from state practice to identify gaps in the literature and points to future avenues of inquiry. The Handbook is organized into seven thematic parts: conceptualization and theoretical foundations; enforcement; migration and refugee protection; financial assistance and sanctions; finance, investment and trade; peace and security; and environment. Chapters summarize the cutting edge of current knowledge on key topics as leading experts critically reflect on ETOs, and, where appropriate, engage with the Maastricht Principles to critically evaluate their value 10 years after their adoption. The Routledge Handbook on Extraterritorial Human Rights Obligations is an authoritative and essential reference text for scholars and students of human rights and human rights law, and more broadly, of international law and international relations as well as to those working in international economic law, development studies, peace and conflict studies, environmental law and migration.The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license

The Routledge Handbook on Extraterritorial Human Rights Obligations brings international scholarship on transnational human rights obligations into a comprehensive and wide-ranging volume. Each chapter combines a thorough analysis of a particular issue area and provides a forward-looking perspective of how extraterritorial human rights obligations (ETOs) might come to be more fully recognized, outlining shortcomings but also best state practices. It builds insights gained from state practice to identify gaps in the literature and points to future avenues of inquiry. The Handbook is organized into seven thematic parts: conceptualization and theoretical foundations; enforcement; migration and refugee protection; financial assistance and sanctions; finance, investment and trade; peace and security; and environment. Chapters summarize the cutting edge of current knowledge on key topics as leading experts critically reflect on ETOs, and, where appropriate, engage with the Maastricht Principles to critically evaluate their value 10 years after their adoption. The Routledge Handbook on Extraterritorial Human Rights Obligations is an authoritative and essential reference text for scholars and students of human rights and human rights law, and more broadly, of international law and international relations as well as to those working in international economic law, development studies, peace and conflict studies, environmental law and migration.The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license

Markus Krajewski is emerging as a leading scholar in the field of media archaeology, which seeks to trace cultural history through the media networks that enable and structure it. In World Projects he opens a new portal into the history of globalization by examining several large-scale projects that, at the beginning of the twentieth century, shared a grand yet unachievable goal: bringing order to the world. Drawing from a broad array of archival materials, Krajewski reveals how expanding commercial relations, growing international scientific agreements, and an imperial monopolization of the political realm spawned ambitious global projects. World Projects contends that the late nineteenth-century networks of cables, routes, and shipping lines-of junctions, crossovers, and transfers-merged into a “multimedia system” that was a prerequisite for conceiving a world project. As examples, he presents the work of three big-thinking “plansmiths,” each of whose work mediates between two discursive fields: the chemist and natural philosopher Wilhelm Ostwald, who spent years promoting a “world auxiliary language” and a world currency; the self-taught “engineer” and self-anointed authority on science and technology Franz Maria Feldhaus, who labored to produce an all-encompassing “world history of technology”; and Walther Rathenau, who put economics to the service of politics and quickly transformed the German economy. With a keen eye for the outlandish as well as the outsized, Krajewski shows how media, technological structures, and naked human ambition paved the way for global-scale ventures that together created the first “world wide web.”

This book presents case studies on the human rights performance of state-owned enterprises from four Latin American and three European countries, as well as foreign investments by Chinese state-owned enterprises on these continents. State-owned enterprises are considered among some of the worst perpetrators of contamination and corporate human rights violations around the globe, both domestically and abroad. This volume examines whether companies implement the UN Guiding Principles on Business and Human Rights and how their state owners regulate or incentivize their human rights compliance. Studies cover different sectors ranging from finance to extractives and air transport in Brazil, Chile, China, Ecuador, Finland, France, Germany, and Mexico and allow contrasts between companies from countries with different degrees of human rights regulation, including due diligence and supply chain laws. The work shows that states are rather hesitant to implement the UN Guiding Principles “leading by example.” The book will be essential reading for academics, researchers, and policy-makers working in the areas of international human rights law, comparative administrative law, and corporate social responsibility.

This book presents case studies on the human rights performance of state-owned enterprises from four Latin American and three European countries, as well as foreign investments by Chinese state-owned enterprises on these continents. State-owned enterprises are considered among some of the worst perpetrators of contamination and corporate human rights violations around the globe, both domestically and abroad. This volume examines whether companies implement the UN Guiding Principles on Business and Human Rights and how their state owners regulate or incentivize their human rights compliance. Studies cover different sectors ranging from finance to extractives and air transport in Brazil, Chile, China, Ecuador, Finland, France, Germany, and Mexico and allow contrasts between companies from countries with different degrees of human rights regulation, including due diligence and supply chain laws. The work shows that states are rather hesitant to implement the UN Guiding Principles “leading by example.” The book will be essential reading for academics, researchers, and policy-makers working in the areas of international human rights law, comparative administrative law, and corporate social responsibility.

International rules on trade in services and intellectual property are ’new’ additions to the multilateral trading system, but both have played an important role in the system since their entry. Accompanied by a detailed introduction, this volume contains essays which cover not only the law and jurisprudence of these topics but also the underlying economics and politics behind their incorporation into the multilateral system and continued prominence. The volume provides readers with a comprehensive overview of the development of these controversial and increasingly important areas of international trade law.

Increasing international investment, the proliferation of international investment agreements, domestic legislation and investor-state contracts have contributed to the development of a new field of international law that defines obligations between host states and foreign investors with investor-state dispute settlements. This involves not only vast sums, but also a panoply of rights, duties and shifting objectives at the juncture of national and international law and policy. This engaging Research Handbook provides an authoritative account of these diverse investment law issues.Written by international experts in the field, the contributions provide economic, political and legal perspectives to cover all aspects of international and national investment law. With regional perspectives from Africa, Asia, Australia and New Zealand, Europe, and Latin and North America, this Research Handbook offers an analytical overview of the key areas of current research interest and developments in investment law. Vitally, the expert contributors outline future and upcoming issues, as well as providing a research agenda for the topic.This Research Handbook will be an excellent resource for researchers in academic institutions, governments and non-governmental organisations, as well as for practitioners including government officials, negotiators and practicing lawyers.Contributors: I. Alvik, D. Atanasova, J. Baumgartner, C. Binder, D.N. Dagbanja, S.B. Danzman, E. De Brabandere, A. De Luca, A. Dimopoulos, K.F. Gómez, K. Gülay, A.R. Hippolyte, R.T. Hoffmann, L. Hsu, M. Jacobson, P. Janig, L. Johnson, M. Krajewski, K. Magraw, A. Mitchell, M. Molinuevo, P.M. Protopsaltis, S. Robert-Cuendet, G. Sacerdoti, L. Sándor, S. Schacherer, S.W. Schill, C. Titi, E. Tuerk

This book addresses key challenges and conflicts arising in extractive industries (mining, oil drilling) concerning the human rights of workers, their families, local communities and other stakeholders.

Volume 10 of the EYIEL focusses on the relationship between transnational labour law and international economic law on the occasion of the 100th anniversary of the International Labour Organisation (ILO). As one of the oldest UN Agencies, the ILO has achieved considerable progress with respect to labour rights and conditions. The contributions to EYIEL Volume 10 assess these achievements in light of current and future challenges. The ILO’s core instruments and legal documents are analysed and similarly the impact labour standards have on trade and investment agreements. In its regional section, EYIEL 10 addresses recent developments in the US and the EU, including the US’ trade policy strategy towards China as well as the reform of the NAFTA. In its part on institutions, EYIEL 10 focusses inter alia on the role of the rule of law in relation to current practices of the International Monetary Fund and of the WTO’s Appellate Body as an international court. Furthermore, it provides an overview of current cases before the WTO. Finally, the volume entails a section with review essays on recently published books in the field of international economic law and international investment law.

Volume 10 of the EYIEL focusses on the relationship between transnational labour law and international economic law on the occasion of the 100th anniversary of the International Labour Organisation (ILO).

This open access book analyses the interplay of sustainable development and human rights from different perspectives including fight against poverty, health, gender equality, working conditions, climate change and the role of private actors.

This open access book analyses the interplay of sustainable development and human rights from different perspectives including fight against poverty, health, gender equality, working conditions, climate change and the role of private actors.

This book addresses topical questions concerning the legal framework of trade in services, and assesses how these issues are dealt with in GATS and in selected preferential trade agreements. In addition, the chapters discuss whether the differences and similarities (if any) are evidence of greater coherence or greater divergence. The book combines the individual analyses to provide a more comprehensive picture of the current law on services trade liberalisation.A quarter of a century after the conclusion of the General Agreement on Trade and Services (GATS), international law on trade in services is still in a state of flux: on the one hand, countries increasingly conclude bilateral and regional trade agreements with sections on trade in services that aim at a further liberalisation of services trade. On the other, the GATS structure remains the dominant model and serves as the basis for many preferential trade agreements. In addition, new aspects such as electronic commerce, data protection and taxation are now emerging, while issues that had already manifested in the mid-1990s such as financial services regulation, labour mobility, and telecommunications continue to be problematic. Usually, the debates focus on the question of whether preferential trade agreements serve as a stepping-stone or stumbling block for trade liberalisation at the multilateral level. However, it can be assumed that rules on trade in services in preferential trade agreements will coexist with the global GATS regime for the foreseeable future. This raises the question of whether we’re currently witnessing a drive towards greater coherence or more divergence in agreements on trade in services.

This book addresses topical questions concerning the legal framework of trade in services, and assesses how these issues are dealt with in GATS and in selected preferential trade agreements. In addition, the chapters discuss whether the differences and similarities (if any) are evidence of greater coherence or greater divergence. The book combines the individual analyses to provide a more comprehensive picture of the current law on services trade liberalisation.A quarter of a century after the conclusion of the General Agreement on Trade and Services (GATS), international law on trade in services is still in a state of flux: on the one hand, countries increasingly conclude bilateral and regional trade agreements with sections on trade in services that aim at a further liberalisation of services trade. On the other, the GATS structure remains the dominant model and serves as the basis for many preferential trade agreements. In addition, new aspects such as electronic commerce, data protection and taxation are now emerging, while issues that had already manifested in the mid-1990s such as financial services regulation, labour mobility, and telecommunications continue to be problematic. Usually, the debates focus on the question of whether preferential trade agreements serve as a stepping-stone or stumbling block for trade liberalisation at the multilateral level. However, it can be assumed that rules on trade in services in preferential trade agreements will coexist with the global GATS regime for the foreseeable future. This raises the question of whether we’re currently witnessing a drive towards greater coherence or more divergence in agreements on trade in services.

It deals with the responsibilities of business entities as well as their special status in various subfields of international law, including human rights, corruption, competition law, international investment law, civil liability and international security law.

It deals with the responsibilities of business entities as well as their special status in various subfields of international law, including human rights, corruption, competition law, international investment law, civil liability and international security law.

Volume 12 of the EYIEL focuses on “The Future of Dispute Settlement in International Economic Law”.

Volume 12 of the EYIEL focuses on “The Future of Dispute Settlement in International Economic Law”. While new forms of dispute settlement are emerging, others are in deep crisis. The volume starts off with reflections on Dispute Settlement and the World Trade Organisation, most prominently the crisis of the Appellate Body, but also addressing international intellectual property law and the African Continental Free Trade Area. This is followed by a section on Dispute Settlement and Investment Protection/International Investment Law, which includes articles on the summary dismissal of claims, the margin of appreciation doctrine, the use of conciliation to settle sovereign debt disputes, and contract-based arbitration in light of Achmea and Hagia Sophia at ICSID. Further contributions consider the emerging role of commercial courts, the dejudicialization of international economic law, dispute settlement in the UK-EU Withdrawal Agreement, reference mechanisms in dispute resolution clauses,and UNCLOS.

Through a mix of foundational inquiries and coverage of current issues (such as climate change litigation), the volume offers a rich and nuanced account of international economic law in an era of "Climate Change and Liability".

Through a mix of foundational inquiries and coverage of current issues (such as climate change litigation), the volume offers a rich and nuanced account of international economic law in an era of "Climate Change and Liability".

The focus of volume 14 of the EYIEL is on “(Public) Procurement and Competition Law in European and International Economic Law”. It is testimony to the fact that areas of law originally perceived as purely economic are permeated by the challenges of society today and adapting to these by embracing innovation, promoting sustainability and social responsibility and including new values in their legal constitutions. Thus, the focus section provides a broad spectrum of contributions considering the interaction between (public) procurement law and WTO law, the role of RTAs, the inclusion of sustainability aspects as well as the influence recent development and challenges such as the Covid-19 pandemic and climate change have on public procurement and competition policy.In its general section the EYIEL considers “Current Challenges, Developments and Events in European and International Economic Law”. It provides a cross-section of recent developments touching upon the Next Generation EU, food commodification, new regulatory approaches to geographical indications, the interaction between investment law and human rights as well as the newest developments with regard to Public-Private Partnership Legislation.

This open access book consolidates a collection of scholarly papers presented at the academic conference titled "Corporate Human Rights Responsibility in OECD Case Law: Actors, Issues, Responsibilities, and Remedies", held on 4 and 5 May 2023. The conference was organized by the OECD Case Law Project at Friedrich-Alexander-Universität Erlangen-Nürnberg.The book is divided into three sections. The first examines how NCP cases interpret corporate responsibilities, including financial institutions, on human rights and environmental issues, focusing on climate change and conflict-affected zones. It also highlights how OECD cases address corporate accountability and its impact on the revised OECD Guidelines and the EU Corporate Sustainability Due Diligence Directive (CSDDD).The second section critically evaluates the NCP mechanism's effectiveness, assessing whether it provides substantive remedies and how well NCP mediation resolves disputes. It offers both quantitative and qualitative analysis of the grievance processes in line with UNGP effectiveness criteria.The third section explores the NCP’s role in global corporate responsibility frameworks, particularly its potential influence on shaping mandatory due diligence obligations through frameworks like the CSDDD, reinforcing corporate accountability in international business practices.Additionally, the book offers key recommendations for policymakers, NCP experts, and practitioners on improving the NCP system to ensure more meaningful outcomes for human rights violations.

This open access book consolidates a collection of scholarly papers presented at the academic conference titled "Corporate Human Rights Responsibility in OECD Case Law: Actors, Issues, Responsibilities, and Remedies", held on 4 and 5 May 2023. The conference was organized by the OECD Case Law Project at Friedrich-Alexander-Universität Erlangen-Nürnberg.The book is divided into three sections. The first examines how NCP cases interpret corporate responsibilities, including financial institutions, on human rights and environmental issues, focusing on climate change and conflict-affected zones. It also highlights how OECD cases address corporate accountability and its impact on the revised OECD Guidelines and the EU Corporate Sustainability Due Diligence Directive (CSDDD).The second section critically evaluates the NCP mechanism's effectiveness, assessing whether it provides substantive remedies and how well NCP mediation resolves disputes. It offers both quantitative and qualitative analysis of the grievance processes in line with UNGP effectiveness criteria.The third section explores the NCP’s role in global corporate responsibility frameworks, particularly its potential influence on shaping mandatory due diligence obligations through frameworks like the CSDDD, reinforcing corporate accountability in international business practices.Additionally, the book offers key recommendations for policymakers, NCP experts, and practitioners on improving the NCP system to ensure more meaningful outcomes for human rights violations.

As global economic governance faces mounting challenges—from climate change to geopolitical shifts—the 2024 edition of EYIEL revisits the enduring debate of fragmentation vs.

Dieser Band enthält die Referate und Diskussionen der Tagung der Deutschen Staatsrechtslehrer in Linz vom 5. bis 8. Oktober 2016.

Volume 7 of the EYIEL focusses on criticalperspectives of international economic law. Recent protests against free tradeagreements such as the Transatlantic Trade and Investment Partnership (TTIP)remind us that international economic law has always been a politically andlegally contested field. This volume collects critical contributions on trade,investment, financial and other subfields of international economic law fromscholars who have shaped this debate for many years. The critical contributionsto this volume are challenged and sometimes rejected by commentators who havebeen invited to be “critical with the critics”. The result is a uniquecollection of critical essays accompanied by alternative and competing views onsome of the most fundamental topics of international economic law. In its section on regional developments, EYIEL 7addresses recent megaregional and plurilateral trade and investment agreementsand negotiations. Short insights on various aspects of the TranspacificPartnership (TPP) and its sister TTIP are complemented with comments on otherdevelopments, including the African Tripartite FTA und the negotiations on aplurilateral Trade in Services Agreement (TiSA). Further sections addressrecent WTO and investment case law as well as recent developments concerningthe IMF, UNCTAD and the WCO. The volume closes with reviews of recent books ininternational economic law.