Public Purpose in International Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Public Purpose in International Law write by Pedro J. Martinez-Fraga. This book was released on 2015-02-19. Public Purpose in International Law available in PDF, EPUB and Kindle. 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.
The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes
The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes write by Zena Prodromou. This book was released on 2020-08-12. The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes available in PDF, EPUB and Kindle. In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.
Public Purpose in International Law
Public Purpose in International Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Public Purpose in International Law write by Pedro J. Martinez-Fraga. This book was released on 2015. Public Purpose in International Law available in PDF, EPUB and Kindle. 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.
The Right to Regulate in International Investment Law
The Right to Regulate in International Investment Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Right to Regulate in International Investment Law write by Aikaterini Titi. This book was released on 2014-04-30. The Right to Regulate in International Investment Law available in PDF, EPUB and Kindle. La 4e de couverture indique : "Since the inception of the international investment law system, investment promotion and protection have been the raison d'être of investment treaties and states have confined their policy space in order to attract foreign investment and protect their investors abroad. Languishing in relative obscurity until recently, the right to regulate has gradually come to the spotlight as a key component of negotiations on new generation investment agreements around the globe. States and regional organisations, including, notably, the European Union and the United States, have started to examine ways in which to safeguard their regulatory power and guide - and delimit - the interpretive power of arbitral tribunals, by reserving their right to pursue specific public policy objectives. The monograph explores the status quo of the right to regulate, in order to offer an appraisal and a reference tool for treatymakers, thus contributing to a better understanding of the concept and the broader discourse on how to enhance the investment law system's legitimacy."
International Investment Law and Comparative Public Law
International Investment Law and Comparative Public Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook International Investment Law and Comparative Public Law write by Stephan W. Schill. This book was released on 2010-10-14. International Investment Law and Comparative Public Law available in PDF, EPUB and Kindle. International investment law is one of fastest-growing areas of international law, but it is plagued by the vagueness of many investors' rights and unpredictable investment tribunal decisions. This books analyses international investment law through the lens of comparative public law to clarify investment treaty obligations and arbitral procedure.
