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portada Public Purpose in International Law: Rethinking Regulatory Sovereignty in the Global era
Type
Physical Book
Year
2017
Language
English
Pages
470
Format
Paperback
ISBN13
9781107442061

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

Pedro J. Martinez-Fraga (Author) · Cambridge University Press · Paperback

Public Purpose in International Law: Rethinking Regulatory Sovereignty in the Global era - Pedro J. Martinez-Fraga

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Origin: Spain (Import costs included in the price)
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Synopsis "Public Purpose in International Law: Rethinking Regulatory Sovereignty in the Global era"

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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