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Public purpose in international law : rethinking regulatory sovereignty in the global era
Authors: ---
ISBN: 1316272575 1316272818 1316272974 1316272850 1316273016 1316273059 1316272931 1322882436 1316273091 1139976621 1107081742 1107442060 9781107081741 9781139976626 9781316272930 9781107442061 Year: 2015 Publisher: Cambridge : Cambridge University Press,

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Abstract

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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