Description: This text explores how the public purpose doctrine reconciles the often conflicting, but equally binding, obligations that states have to engage in regulatory sovereignty while honoring host-state obligations to protect foreign investment. The work examines the multiple permutations and iterations of the public purpose doctrine and concludes that this principle needs to be reconceptualized to meet the imperatives of economic globalization and of a new paradigm of sovereignty that is based on the interdependence, and not independence, of states. It contends that the historical expression of the public purpose doctrine in customary and conventional international law is fraught with fundamental flaws that, if not corrected, will give rise to disparities in the relationship between investors and states, asymmetries with respect to industrialized nations and developing states, and, ultimately, process legitimacy concerns.
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EAN: 9781107081741
UPC: 9781107081741
ISBN: 9781107081741
MPN: N/A
Book Title: Public Purpose in International Law: Rethinking Re
Item Length: 22.9 cm
Number of Pages: 470 Pages
Language: English
Publication Name: Public Purpose in International Law: Rethinking Regulatory Sovereignty in the Global Era
Publisher: Cambridge University Press
Publication Year: 2015
Item Height: 229 mm
Item Weight: 790 g
Type: Textbook
Author: C. Ryan Reetz, Pedro J. Martinez-Fraga
Subject Area: International Law
Item Width: 152 mm
Format: Hardcover
