Public Purpose in International Law

Released on by Pedro J. Martinez-Fraga
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  • Public Purpose in International Law Book Detail

  • Author : Pedro J. Martinez-Fraga
  • Release Date : 2015-02-19
  • Publisher : Cambridge University Press
  • Genre : Law
  • Pages : 471
  • ISBN 13 : 1316272699
  • File Size : 68,68 MB
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Public Purpose in International Law by Pedro J. Martinez-Fraga PDF Summary

Book 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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Public Purpose in International Law

Public Purpose in International Law

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Total View : 3923 Views
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This text explores how the public purpose doctrine reconciles the often conflicting, but equally binding, obligations that states have to engage in regulatory s

Public Purpose in International Law

Public Purpose in International Law

File Size : 11,11 MB
Total View : 9185 Views
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This text explores how the public purpose doctrine reconciles the often conflicting, but equally binding, obligations that states have to engage in regulatory s