Global Public Interest in International Investment Law

Nonfiction, Reference & Language, Law, Arbitration, Negotiation, & Mediation, International
Cover of the book Global Public Interest in International Investment Law by Andreas Kulick, Cambridge University Press
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Author: Andreas Kulick ISBN: 9781139508308
Publisher: Cambridge University Press Publication: July 12, 2012
Imprint: Cambridge University Press Language: English
Author: Andreas Kulick
ISBN: 9781139508308
Publisher: Cambridge University Press
Publication: July 12, 2012
Imprint: Cambridge University Press
Language: English

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.

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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.

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