Global Public Interest in International Investment Law
Global Public Interest in International Investment Law
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The strengths of international investment law - above all, a strong focus on investor interests and an effective adjudication and enforcement system - also entail its weaknesses: it runs the danger of impeding or even sanctioning the host states' legitimate regulatory interests and ignoring other fields of public international law. How does it cope with public interest concerns such as human rights, the environment or the fight against corruption? At the heart of this book lies a fresh approach towards a general theory of such global public interest considerations in the investment realm. Delineating how and why those considerations matter, and why the current system does not accommodate them properly, Andreas Kulick fleshes out general principles and customary international law as defences the host state may raise against alleged investor rights infringements and promotes proportionality as the appropriate balancing mechanism.
- Outlines a clear doctrinal structure which serves practical implementation and provides a basis for further scholarly discussions
- Suggests factors to be taken into account when balancing competing interests and proposes procedural mechanisms to prevent abuses of public interest concerns by the host state
- Guides reader in how to use certain arguments or counter them, and provides arbitrators with a mechanism capable of halting inappropriate and unfounded public interest claims by the host state
Reviews & endorsements
"Kulick's study is ambitious, sophisticated, and courageous … this book is a bold attempt to develop a theoretical basis for putting public interest considerations back on the map."
Wonjoo Choe, International Law and Politics
Product details
July 2014Paperback
9781107416932
412 pages
229 × 152 × 21 mm
0.55kg
Available
Table of Contents
- 1. Introduction
- Part I. Towards the Global Public Interest Theory:
- 2. The 'internationalization' of international investment law
- 3. Considering current approaches dealing with public interest considerations in the investment regime
- 4. The Global Public Interest theory
- 5. How to balance the conflicting interests: proportionality analysis
- Part II. Global Public Interest in International Investment Case Law:
- 6. International investment law and the environment
- 7. Human rights and investment - friends or foes?
- 8. Corruption and other irregularities
- 9. Concluding remarks.
