Public purpose in international law : rethinking regulatory sovereignty in the global era / Pedro J. Martinez-Fraga, C. Ryan Reetz.

Format:

Book

Author/Creator:

Martínez-Fraga, Pedro J., author.

Reetz, C. Ryan, author.

Language:

English

Subjects (All):

Public policy (International law).

International and municipal law.

Physical Description:

1 online resource (xvi, 453 pages) : digital, PDF file(s).

Place of Publication:

Cambridge : Cambridge University Press, 2015.

Language Note:

English

Summary:

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.

Contents:

Introduction and sketch of historical origins

Public purpose in NAFTA

Identifying public purpose in customary international law : select international instruments

Defining the profile of the public purpose doctrine in human rights conventions

The complex interaction between the public purpose doctrine and BITs : discerning order and structure

Permanent sovereignty over natural resources

The role of public purpose in foreign investment protection statutes : can FIPS rehabilitate the doctrine?

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

ISBN:

1-316-27257-5

1-316-27281-8

1-316-27297-4

1-316-27285-0

1-316-27301-6

1-316-27305-9

1-316-27293-1

1-322-88243-6

1-316-27309-1

1-139-97662-1