Investment protection treaties generally include, in one form or another, the obligation to treat investments fairly and equitably. This book examines the relationship between this obligation and the minimum standard that can be found in customary international law, tracing the history of both concepts, their differences and similarities.
The International Minimum tells the history of internationalism in Japan from the 1930s to 1960s, shedding light on the deep connections between modes of diplomacy during times of aggressive imperial expansion and of peaceful cooperation. For most of the twentieth century, a rhetoric of international cooperation for peace and stability persisted as the lingua franca of foreign relations in Japan and around the world, even during the years of rampant nationalisms and global war. The advocacy and practice of multilateral cooperation, though attenuated and often distorted and abused, did not disappear during the years of aggression and war, but instead were channeled into new and unexpected directions. With a broad view of international relations that takes into account but also looks beyond the official sites of multilateral cooperation, this book uncovers a continuous evolution of internationalist thought and activity in Japan that extends across the dark valley of war and the historiographical schism of defeat. Acknowledging this continuity does not mitigate the violence and atrocities of the wartime regime. But recognizing that institutions, activities, and rhetoric that were derived from the Wilsonian internationalism of the 1920s contributed to imperialism and war, as well as to the postwar construction of a peaceful and democratic "new Japan," does help us understand the enthusiastic participation in war and empire in the years before 1945 by many of the same people in all sectors of Japanese society who eagerly embraced postwar structures of cooperation for peace and shared prosperity. This study rethinks the standard narrative of Japan's international cooperation in three ways: by taking seriously those international activities conducted outside of formal state-level relations, by examining cultural forms of international engagement, and by asserting the importance of rhetoric in cultivating what was then referred to as an "international mind." Rather than signaling the demise of multilateral participation, Japan's infamous withdrawal from the League of Nations became, in fact, the occasion for the diversification of internationalist activities. For instance, proponents of a "people's diplomacy" campaigned to bring the 1940 Olympic Games to Tokyo and established the Society for International Cultural Relations, a national organization for international cultural exchange. But as Japanese society was increasingly mobilized for war, even such popular and cultural efforts at international cooperation were made to contribute to the imperialist project. In the decade after the war ended, familiar internationalist rhetoric became a keystone in the construction of a so-called new Japan. This book traces the evolution of the internationalist worldview in Japan by examining both official policy and general discourse surrounding epochal moments such as Japan's withdrawal from the League and admission into the United Nations, the failed and successful attempts to host a Tokyo Olympiad, and wartime and postwar regional conferences in Tokyo and Bandung, Indonesia. Bringing these varied elements together produces a synthetic history of internationalism, imperialism, and the performance of diplomacy in the twentieth century, when new global norms required a minimum level of international engagement. This story is told through the materials of both high diplomacy and mass culture. Unpublished documents in government and private archives reveal one layer of the formation of Japanese internationalism. The public discourse found in popular journals, books, newspapers, advertisements, poems, and songs articulates what would become the common-sense views of international relations that helped delineate the realm of the possible in imperial and postwar Japanese foreign policy.
In The Interpretation of International Investment Law: Equality, Discrimination and Minimum Standards of Treatment in Historical Context, author Todd Weiler demonstrates how historical analysis should be adopted in the interpretation of international investment law obligations. Weiler subjects some of the most commonly held beliefs about the nature and development of international investment law to a critical re-appraisal, based upon meticulously assembled historical record. In the process, the book provides readers with a fresh perspective on some of the oldest obligations in international law.
This volume celebrates the first fifty years of the International Centre for Settlement of Investment Disputes (ICSID) by presenting the landmark cases that have been decided under its auspices. These cases have addressed every aspect of investment disputes: jurisdictional thresholds; the substantive obligations found in investment treaties, contracts, and legislation; questions of general international law; and a number of novel procedural issues. Each chapter, written by an expert on the chapter’s particular focus, looks at an international investment law topic through the lens of one or more of these leading cases, analyzing what the case held, how it has been applied, and its overall significance to the development of international investment law. These topics include: - applicable law; - res judicata in investor-State arbitration; - notion of investment; - investor nationality; - consent to arbitration; - substantive standards of treatment; - consequences of corruption in investor-State arbitration; - State defenses - counter-claims; - assessment of damages and cost considerations; - ICSID Arbitration Rule 41(5) objections; - mass claims, consolidation and parallel proceedings; - provisional measures; - arbitrator challenges; - transparency and amicus curiae; and - annulment. Because the law of international investment continues to grow in importance in an ever globalizing world, this book is more than a fitting way to mark the past fifty years and to welcome the next fifty years of development. It will prove both educational for practitioners new to the field and informative for seasoned investment lawyers. Moreover, the book itself is a landmark that will be of great value to professionals, scholars and students interested in international investment law.
This ILO flagship report examines the evolution of real wages around the world, giving a unique picture of wage trends globally and by region. The 2020-21 edition analyses the relationship of minimum wages and inequality, as well as the wage impacts of the COVID-19 crisis. The 2020-21 edition also reviews minimum wage systems across the world and identifies the conditions under which minimum wages can reduce inequality. The report presents comprehensive data on levels of minimum wages, their effectiveness, and the number and characteristics of workers paid at or below the minimum. The report highlights how adequate minimum wages, statutory or negotiated, can play a key role in a human-centred recovery from the crisis
This book outlines the principles behind the international law of foreign investment. The main focus is on the law governed by bilateral and multilateral investment treaties. It traces the purpose, context, and evolution of the clauses and provisions characteristic of contemporary investment treaties, and analyses the case law, interpreting the issues raised by standard clauses. Particular consideration is given to broad treaty-rules whose understanding in practice has mainly been shaped by their interpretation and application by international tribunals. In addition, the book introduces the dispute settlement mechanisms for enforcing investment law, outlining the operation of Investor-State arbitration. Combining a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals, this book offers an ideal introduction to the principles of international investment law and arbitration, for students, scholars, and practitioners alike.
Belman and Wolfson perform a meta-analysis on scores of published studies on the effects of the minimum wage to determine its impacts on employment, wages, poverty, and more.
This manual draws on the ILO's comprehensive database containing the principal legal provisions and minimum wage fixing mechanisms in 100 countries. The minimum wage has had a long and turbulent history, and this study sheds light on its intricacies by providing a thorough overview of the institutions and practices in different countries. It outlines the main topics for debate concerning the effects of minimum wages on major social and economic variables such as employment, wage inequality, and poverty. The book considers the various procedures countries use for implementation, including the criteria employed to fix the minimum wage, and how they are linked to specific country objectives. It then measures the efficiency of the minimum wage, and focuses on its impact on employment as a major political issue. For the benefit of non-specialists, the validity of econometric models and their results are examined.
This paper articulates and, using newly-assembled data, explores how international taxation affects aggregate tangible cross-border investment. Spillovers from statutory tax rates abroad seem: As sizable as effects from the host’s rate; larger than previous consensus values (attributed to a systematic bias from FDI data); and consistent with ‘implicit’ profit shifting through real investment (rather than ‘paper’ profit shifting). Contrary to much policy discussion, the results also imply that: Host countries’ marginal effective tax rates have at best a weak effect on real investment; those elsewhere have none; and, applied to the prospective global minimum tax, inward tangible investment in most sample countries will increase.
