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Waibel M: Substantive Protections in
International Investment Law

Substantive Protections in International Investment Law

Analysis, Cases and Commentary

This book analyses the tendency in international law scholarship and criticism to seek a 'new' international law. Drawing and building on scholarship around the political significance of theological ideas, it argues that underlying this tendency is a relationship between international law and messianic thinking.

The 'New' International Law

From the rise of China as a technological superpower, to wars on its eastern borders, to the belief that the US is no longer a reliable ally, the European Commission sees the world as more unstable than at any other time in recent history. As such, the Commission has become the Geopolitical Commission, working to serve the interests of the Geopolitical Union. Central to many of these conflicts is technology - who produces it, where it is produced, and who controls it. These questions are central to the Commission's pursuit of digital/technological sovereignty, Europe's attempt to regain control of technology regulation. Focusing on topics such as setting technological standards, ensuring access to microchips, reining in online platforms, and securing rules for industrial data and AI, this book explores the EU's approach to lawmaking in this field; increased regulatory oversight and promotion of industrial policy at home, while exporting its rules abroad.

Europe's Attempt to Take Back Control of Technology Regulation

Geopolitical Union

Law and Practical Reason

This is a book about law and its impact on our practical reasoning. Drawing from Bernard Williams, the book argues that our practical engagements with the law are complex and often obscure. It begins with a novel view on practical reason that is called open-minded reasons internalism. This is a view that emphasises how certain considerations can bear on action for concrete agents, and in doing so it is an explanatory account of reasons and actions. The account is receptive to the considerations that makes much of people's lives: the motivations and dispositions they have, the notions of character and identity, and respect. The book claims that this account helps in making sense of much of the richness seen in real life in how concrete agents engage with the law. It provides the tools to explain when and why an agent identifies herself totally with the law, as Inspector Javert did in Les Misérables, but it can also explain the attitude of respect that many law-abiding citizens have, and even the merely prudential considerations of OW Holmes' famous 'bad man'. What emerges from this book is a view on law and practical reason that takes seriously the phenomenology of action. This book will be of interest to anyone interested in philosophical accounts of how we engage our practical reasoning with complex social practices.

Jurisprudence as Practical Philosophy

Reasons, Respect, and the Law

Hart Studies in Constitutional Theory

A collection of essays from Dieter Grimm, Germany's most renowned constitutional scholar, shining a light on the jurisprudence of the German Constitutional Court.

Between Law and Politics

Constitutional Courts and Judicial Review

Clear and comprehensive guide examining the scope of each substantive protection in international investment law and providing an authoritative commentary to relevant case law.

Millions of individuals worldwide struggle to understand and assert their legal rights without legal representation. Equalizing Justice examines how AI and other technologies can address this access to justice crisis by providing unrepresented litigants with knowledge and skills traditionally available only through lawyers. This volume takes a needs-first approach, identifying tasks that unrepresented litigants must complete and mapping specific technologies to each task, such as generative AI, computational logic, and document automation. The book highlights real-world applications, demonstrating proven impact, and presents case studies and interviews to explore both the potential positive outcomes and potential challenges of AI for access to justice. Equalizing Justice proves that AI technologies offer unprecedented opportunities to create equitable justice systems serving everyone, not just those who can afford representation. The volume argues for legal AI assistants as a public good that should be accessible to all.

Harnessing AI for Litigants Without Lawyers

Equalizing Justice

Anthropology, Law, and Political Morals

Some Versions of Legalism

Code of Federal Regulations, Title 25 Indians

Title 25 presents regulations relating to Native Americans administered by the U.S. Department of the Interior in the areas of human services, education, tribal government, finance, land and water, energy and minerals, fish and wildlife, housing, heritage preservation, Indian arts and crafts, gaming, and relocation. Additions and revisions to this section of the code are posted annually by April. Publication follows within six months.

Code of Federal Regulations, Title 25 Indians 1-299, Revised as of April 1, 2025

This book explores human vulnerability through the lens of natural law theory. Beginning with a detailed examination of natural law ethics, centred upon the virtues (Part One), it sets out the relationship between natural law and human vulnerability. To be human is to be vulnerable; but vulnerability must itself be understood by reference to the human goods that are the central concern of natural law ethics. Such goods lie at the heart of what it means to lead a flourishing life, but they are in no way certain: goods such as health, education, the family can all be perverted or taken away by human agency or the vicissitudes of life. Part Two poses the problem of how human beings and government can build resilience in the face of these vulnerabilities. Its main contention is that the central aims of vulnerability theory, including that of state responsiveness, are pre-figured in the social teachings of the Catholic Church. These teachings provide a compelling basis for the demand that the state be more responsive to social scourges such as poverty, crime, debt and dependency. Vulnerability theorists will benefit from a new perspective on the problems that are central to their analysis; natural law theorists will profit by an enrichment and extension of their central concerns.

Natural Law, Ethics and Human Vulnerability

This book analyses the right to water and sanitation at both the international level and national levels. At a national level the book examines the law in India relating to both recognition and realisation of the rights. The book considers the complex legal framework in place at the union and state level for the realisation of the rights.

The Case of India

Realizing the Right to Water and Sanitation at the International and National Levels

Inspired by the philosophy of Emmanuel Levinas, this book shows that for justice to be realised law must be understood to originate in transcendence rather than in violence, conflict and the sacred - prevalent themes in philosophies of law and the political.To this end, the book takes up the case of 'scapegoating': evident in Carl Schmitt's influential theory of the 'friend-enemy' dichotomy as the essence of the political, and here considered as a paradigm of injustice. After considering positivist approaches to the law, as well as a case study that considers the question of what it would mean for Aboriginal people to be treated justly, the book shows that pragmatic, positivist and immanent approaches to the law and the scapegoat cannot deal with 'bad' law and cannot provide an insight into the nature of justice as 'good' law. The book then draws further on Levinas to demonstrate the necessity of law's foundation, not in immanence, as is widely presupposed, but rather in transcendence.Law and Transcendence will appeal to scholars in law, philosophy and political theory and especially to those with interests in sovereignty and power.

The Question of Justice

Law and Transcendence

The lack of a social scientific foundation across the field of negligence means that social life and scientific knowledge are transformed and mutated by a negligence paradigm that is unable to fulfil the social purposes typically attributed to it. Analysing the extent to which the reparation ideal has polluted and confused attempts to find radical alternatives to negligence, this book argues for a critical separation between the issue of harm minimisation and reparation; a separation that, it is argued, provides the basis for a different policy approach to the human experience of injury, error and misfortune.

Developing a Regulatory Ergonomic Approach to Error and Injury

Beyond the Negligence Paradigm

Substantive Protections in International Investment Law

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