Authors:
- Discusses the important topic of large-scale land investments in developing countries from a law and economics perspective
- Analyses to what extent the international legal framework protects the human right to property and to food
- Provides insights for policy designers in order to improve the state of the art
Part of the book series: International Law and Economics (ILEC)
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Table of contents (6 chapters)
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Front Matter
About this book
This book analyses large-scale land investments for agricultural purposes in Africa’s least developed countries from a law and economics perspective. Focusing on the effects of foreign land investments on host countries’ local populations and the apparent failure of international law to create incentives to offset them, it also examines the legal and economic mechanisms to hold investors accountable in cases where their investment leads to human rights violations. Applying principal agent and contract theory, it elucidates the sources of opportunism and develops control mechanisms to ameliorate the negative effects. It shows that although judicial mechanisms fail to deliver justice, international law offers alternatives to safeguard against arbitrary and abusive state and investor conduct, and also to effectuate human rights and, thus, tackle opportunistic behaviour.
Authors and Affiliations
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Institute of Law and Economics, University of Hamburg, Hamburg, Germany
Luis Tomás Montilla Fernández
About the author
Luis has published papers on the subjects of international investment law and human rights, has presented his work at conferences in Europe, Africa, and Asia and has been a panelist on topics associated with his research areas.
Luisis a member of the Society of International Economic Law (SIEL), the German-Chinese Lawyers Association (DCJV), and was part of the Board of Postgraduate and Early Professionals/Academics Network of the Society of International Economic Law (PEPA/SIEL). Luis was invited by FIDH to join the group of experts to visit Belarus and draft the CESCR 2013 report. He has been a visiting researcher at the University of Ghana in Accra, the University of California in Berkeley, Columbia University in New York and University St. Gallen, Switzerland. Before joining the Institute of Law & Economic in Hamburg, Luis obtained his LL.M. degree at the Albert-Ludwig University in Freiburg im Breisgau (Germany), summa cum laude. Previously, Luis practiced law in Venezuela, studied legal sciences and obtained the degree and Venezuelan lawyer license (Abogado) with honours cum laude.
Bibliographic Information
Book Title: Large-Scale Land Investments in Least Developed Countries
Book Subtitle: Legal Conflicts Between Investment and Human Rights Protection
Authors: Luis Tomás Montilla Fernández
Series Title: International Law and Economics
DOI: https://doi.org/10.1007/978-3-319-65280-1
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: Springer International Publishing AG 2017
Hardcover ISBN: 978-3-319-65279-5Published: 17 November 2017
Softcover ISBN: 978-3-319-87990-1Published: 25 August 2018
eBook ISBN: 978-3-319-65280-1Published: 09 November 2017
Series ISSN: 2364-1851
Series E-ISSN: 2364-186X
Edition Number: 1
Number of Pages: XIX, 344
Number of Illustrations: 1 b/w illustrations
Topics: International Economic Law, Trade Law, Human Rights, Development Economics, Agricultural Economics, Private International Law, International & Foreign Law, Comparative Law , Law and Economics