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  3. Global Public Interest in International Investment Law
  • Cited by 53
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    • Publisher:
      Cambridge University Press
      Publication date:
      05 August 2012
      12 July 2012
      ISBN:
      9781139128971
      9781107021761
      9781107416932
      DOI:
      https://doi.org/10.1017/CBO9781139128971
      Dimensions:
      (228 x 152 mm)
      Weight & Pages:
      0.77kg, 412 Pages
      Dimensions:
      (229 x 152 mm)
      Weight & Pages:
      0.55kg, 412 Pages
      • Subjects:
      Public International Law, Law, International Relations and International Organisations, Arbitration, Dispute Resolution and Mediation
      Series:
      Cambridge Studies in International and Comparative Law (90)
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    Subjects:
    Public International Law, Law, International Relations and International Organisations, Arbitration, Dispute Resolution and Mediation
    Series:
    Cambridge Studies in International and Comparative Law (90)
    Information

    Book description

    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.

    Reviews

    'The distinguishing feature of this contribution, making it both original and valuable, is the different perspective adopted in conceptualising what modern investment law should be like. Unlike most scholarly writings in the area, focusing their analysis on the classical divide between investor and State interests in investment law and arbitration, this study tries to find a model for striking the balance between the interests of the public and those of the individual.'

    Rumiana Yotova Source: British Yearbook of International Law

    '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 Source: International Law and Politics

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