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

ISBN-13: 9781107442061 / Angielski / Miękka / 2017 / 469 str.

Pedro J. Martinez-Fraga; C. Ryan Reetz

Opis

This book explores how public purpose doctrine reconciles conflicting obligations of states to engage in regulatory sovereignty while honoring host-state obligations to protect foreign investment.

Recenzje

'[This book] is certainly one of the most valuable contributions to the much-heated and at times unnecessarily emotional debate about the right balance to be struck between the regulatory space of States and investment protection.' J. Ostransky, Transnational Dispute Management

Spis treści

1. Public purpose in NAFTA; 2. Identifying public purpose in customary international law: select international instruments; 3. Defining the profile of the public purpose doctrine in human rights conventions; 4. The effect of bilateral investment treaties on the public purpose doctrine and the public purpose doctrine's distortion of symmetry in bilateral investment treaties: discerning order and structure; 5. Permanent sovereignty over natural resources; 6. The role of public purpose in foreign investment protection statutes: can FIPS rehabilitate the doctrine?; Appendix I. A comparison between the performance requirements articles of the Canada-Jordan BIT and the Colombia-Japan BIT; Appendix II. An empirical review of the pre-eminence of the public purpose doctrine throughout the ever-expanding universe of bilateral investment treaties; Appendix III. A spatial comparison of provisions relating to investment protection, incentives, and dispute resolution in foreign-investment promotion statutes and bilateral investment treaties.