Public Purpose in International Law: Rethinking Regulatory Sovereignty in the Global Era

Pedro J. Martinez-Fraga,C. Ryan Reetz

Public Purpose in International Law: Rethinking Regulatory Sovereignty in the Global Era
Format
Hardback
Publisher
Cambridge University Press
Country
United Kingdom
Published
19 February 2015
Pages
470
ISBN
9781107081741

Public Purpose in International Law: Rethinking Regulatory Sovereignty in the Global Era

Pedro J. Martinez-Fraga,C. Ryan Reetz

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.

This item is not currently in-stock. It can be ordered online and is expected to ship in approx 2 weeks

Our stock data is updated periodically, and availability may change throughout the day for in-demand items. Please call the relevant shop for the most current stock information. Prices are subject to change without notice.

Sign in or become a Readings Member to add this title to a wishlist.