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Global public interest in international investment law / by Andreas Kulick

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Material type: TextTextPublication details: New York: Cambridge University Press, 2014.Description: xxix, 378p. ; 24 cmISBN:
  • 9781107416932
Subject(s): DDC classification:
  • 346.092 KUL
Contents:
Introduction Part I. Towards the global public interest theory The "internationalization" of international investment law Public interest and international economic law : current approaches The global public interest theory How to balance the conflicting interests : proportionality analysis Part II. Global public interest in international investment case law International investment law and the environment Human rights and investment : friends or foes? Corruption and other irregularities Concluding remarks
Summary: "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" (Sources: WorldCat)
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Item type Current library Call number Status Date due Barcode
Books Books Central Library 346.092 KUL (Browse shelf(Opens below)) Available 000040

include bibliographical references and indexes.

Introduction
Part I. Towards the global public interest theory
The "internationalization" of international investment law
Public interest and international economic law : current approaches
The global public interest theory
How to balance the conflicting interests : proportionality analysis
Part II. Global public interest in international investment case law
International investment law and the environment
Human rights and investment : friends or foes?
Corruption and other irregularities
Concluding remarks

"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" (Sources: WorldCat)

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