Public Participation and Foreign Investment Law

From the Creation of Rights and Obligations to the Settlement of Disputes


Public Participation and Foreign Investment Law offers a systematic treatment of public participation from the standpoint of the three main sources of foreign investment law, namely treaties, legislation and contracts. It identifies and critically discusses the different forms of public participation that can be found or envisaged in foreign investment law. From this perspective, the book looks at public participation as vehicle to strike a balance between private and public rights and interests.

This book contributes to the understanding of the current forms, level and impact of public participation. It provides indications on how such participation could be enhanced with a view of improving the balance and legitimacy of the legal instrument related to the promotion and protection of foreign investments.

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Eric De Brabandere is Professor of International Dispute Settlement Law and Director of the Grotius Centre for International Legal Studies.

Tarcisio Gazzini is Professor of international law at the University of East Anglia and visiting professor at the University of Trento and the Geneva Academy of Human Rights and Humanitarian Law.

Avidan Kent is an Associate Professor at the University of East Anglia.
Notes on Contributors


1 Public Participation in International Investment Law: Setting the Scene
  Avidan Kent, Tarcisio Gazzini and Eric De Brabandere

Setting the Scene

2 Exploring the Legal Framework for International Investment
  Yenkong Ngangjoh Hodu

3 Public Participation and Investment Treaties: towards a New Settlement?
  Lorenzo Cotula

4 The Evolving Concept of Public Participation: from Rio to Mauritius
  Avidan Kent

Public Participation in the Normative Process

5 Public Participation in Investment Treaty Making
  Chrysoula Mavromati and Sarah Spottiswood

6 How to Ensure Public Participation in FTA Negotiations? A Critical Analysis of the Instruments Used in the FTA-Making Process
  Maria Laura Marceddu

7 Contractualisation of Human Rights and Public Participation: Challenges and Prospects
  Youseph Farah and Valentine Olusola Kunuji

8 Public Participation and the Adoption of Investment Codes: Observation of the Mixed Practice from Tanzania
  Chris Maina Peter and Saudin Jacob Mwakaje

Public Participation in and Public Scrutiny over Investment Projects

9 Parliamentary Scrutiny over Investment Projects: the Case of Tanzania’s Natural Resources Regulatory Reform
  Elena Cima

10 The Principle of Indigenous Consultation as a Latin American Regional Custom
  Francesco Seatzu

11 Public Participation in Environmental Impact Assessments for Foreign Investment Projects: a Canadian Perspective
  David A Collins

12 Investment Projects and Conflict: the Two Faces of Janus
  Franz Zubieta Mariscal

Public Participation in the Settlement of Investment Disputes

13 Public Participation in Arbitral Proceedings
  Sondra Faccio

14 Third Party Intervention at the Proposed Multilateral Investment Court
  Farouk El-Hosseny

15 Back into the Shadows? Public Participation in the Peaceful Settlement of Investment Disputes through Non-Arbitral Means
  Esmé Shirlow

16 Politics of Public Participation in Investment Arbitration
  Sophie Nappert and Nataliia Tuzhelia


17 Conclusions
  Tarcisio Gazzini, Avidan Kent and Eric De Brabandere


The book is intended for a broad range of specialists, including postgraduate students, researchers, governments, international organisations, non-governmental organisations and practitioners.
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