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Winner of the William M. LeoGrande Prize For over a century, the United States has sought to improve the behavior of the peoples of Latin America. Perceiving their neighbors to the south as underdeveloped and unable to govern themselves, U.S. policy makers have promoted everything from representative democracy and economic development to oral hygiene. But is improvement a progressive impulse to help others, or realpolitik in pursuit of a superpower’s interests? “In this subtle and searing critique of U.S. efforts to ‘uplift’ Latin America, Lars Schoultz challenges us to question the fundamental tenets of the development industry that became entrenched in the U.S. foreign policy bureaucracy over the last century.” —Piero Gleijeses, author of Visions of Freedom “In this masterful work, Lars Schoultz provides a companion and follow-up to his classic Beneath the United States...A necessary and rewarding read for scholars and students of U.S. foreign policy and inter-American relations.” —Renata Keller, The Americas
International investments are governed by three different legal frameworks: 1) national laws of both the host country and the investor's home country; 2) contracts, whether between the investor and the host country or among investors and their associates; and 3) international law, consisting of applicable treaties, customs, and general principles of law. Together, these three frameworks profoundly influence the organization, operation, and protection of foreign investments. Investors, government officials, and their legal counsel must therefore understand the complex interaction among these frameworks and how best to employ them to advance their interests. This book examines the content of each of these three legal frameworks for international investment and explores how they influence the foreign investment process and the nature of investment transactions, projects, and enterprises. The book is divided into five parts. Part I, after explaining the contemporary nature and significance of international investment, examines the theoretical and practical links between law and the investment process. Part II explores the nature of national laws regulating foreign investment. Part III considers of the various contractual frameworks for international investments, looking at their negotiation, content, and stability. Part IV sets out the international legal framework governing foreign investment, focusing on the content and nature of investment treaties and on general principles. Finally, Part V discusses how the three legal frameworks interact with each other. By comprehensively examining each of the applicable legal frameworks, this book provides a vital overview of the laws, rules, and regulations governing foreign investment for lawyers, scholars, students, and government officials.
This volume is the first work to emerge from a major international comparative research project exploring the political economy of globalization. This inter-disciplinary team of scholars is focusing on the semi-periphery of world power. Whether defined in social, cultural, economic or simply spatial terms, 'semi-peripheral' countries share two qualities: they are conscious of their subordination to the hegemonic powers at the centre of the global system - the United States and the European Union; they are also strong enough to have some ability to resist their domination. The structural position of these middle powers in global capitalism is unlike those countries at the centre that do not experience domination, and different from those Third World countries on the periphery that have no means to achieve more cultural and political autonomy, more distinctive and diversified development, or greater social equity and better income redistribution. Four countries in North America, Central America, Europe and the Antipodes - namely Canada, Mexico, Norway and Australia - have been selected in order to explore the complexities of globalization from the perspective of the semi-periphery. Opening chapters examine the international institutions, including the North America Free Trade Agreement, the World Trade Organization and the European Union, which now amount to a quasi-constitutional conditioning framework for middle powers under globalization. In the second part, contributors detail the pressures with which these countries have to cope and consider their ability to pursue policies appropriate to the needs and democratically defined goals of each. And in the concluding part, after discussing the new economic, political and social issues of 'governing under stress', they appraise the possibilities for middle powers to chart distinctive national courses in the face of globalization's constraining challenge.
It is no longer sufficient to examine discrete nation-states in isolation from each other. In Politics in North America: Redefining Continental Relations, prominent authors from Canada, the United States, and Mexico explore the politics of redefining the institutional, economic, geographic, and cultural boundaries of North America. The contributors argue that the study of politics in the twenty-first century requires simultaneous attention to all levels (local, national, and international) as well as, increasingly, to continents. This argument is explored through the historical and contemporary social and political forces that have created competing visions of what it means to belong to a North American political community. In this process, new debates emerge in the book concerning the appropriate role for the state, as well as the meaning of sovereignty, democracy, and rights.
In this new edition of an authoritative work in the field, Jeswald W. Salacuse thoroughly examines the law of international investment treaties, particularly with respect to its origins, structure, content, and effects. He takes into account all major developments in the law to provide an up-to-date guide for students, scholars, and practitioners.
The official monthly record of United States foreign policy.
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.