000 01461nam a2200169Ia 4500
020 _a9781139976626
100 _a Martinez-Fraga, Pedro J
100 _aReetz,C.Ryan
_94320
245 0 _aPublic purpose in international law :
_brethinking regulatory sovereignty in the global era
260 _aCambridge,
_bCambridge University Press:
_c2015.
500 _aThis 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.
650 _aPublic International Law
_92695
650 _aLaw
650 _aJurisprudence
_94
856 _u https://doi.org/10.1017/CBO9781139976626
942 _cEBK
999 _c10232
_d10232