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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.
- Sales Rank: #2404753 in eBooks
- Published on: 2015-01-31
- Released on: 2015-01-13
- Format: Kindle eBook
Review
"The authors give us a learned volume that is rich in its reference to practice, masterfully broad in its reach to associated fields, and unusually deep in its reflection on how a complex river of judicial decisions and international and national instruments is shaping the course of what we will come to know as public purpose."
David Caron, Dean, The Dickson Poon School of Law, King's College London
"This book seeks a nuanced and novel approach to the vexed issue of the conflict between regulatory sovereignty of the state and the protection of foreign investment through the public purpose doctrine. It reworks the public policy doctrine in international law removing the identified flaws in the doctrine so that it could become a meaningful instrument for maintaining 'equipoise' between the two contending interests in international investment law. Through the doctrine, the authors seek to answer issues that arise from the contested legitimacy of investment arbitration. The insights that the work brings to public international law, investment arbitration and international investment law will enlighten the course of development of a difficult and confused area of the law for many years to come."
M. Sornarajah, C. J. Koh Professor, Faculty of Law, National University of Singapore
"[This book] is certainly one of the most valuable contributions to the much-heated and at times unnecessarily emotional debate about the right balance to be struck between the regulatory space of States and investment protection."
J. Ostransky, Transnational Dispute Management
About the Author
Pedro J. Martinez-Fraga is a partner in Bryan Cave LLP's International Arbitration and Litigation Practice Group, where he is the firm's co-leader and the co-founder of the Miami office. He has represented eight countries as lead counsel, and he has served in ICSID (World Bank) proceedings. Martinez-Fraga graduated from St John's College (BA, summa cum laude); Columbia University (JD), where he was Harlan Fiske Stone Scholar; and holds a PhD (international law) (cum laude) from Universidad Complutence de Madrid. He has published more than fifty articles in fifteen countries, which have been translated into five languages, and has written five books on public and private international law.
C. Ryan Reetz is a partner in Bryan Cave LLP's International Arbitration and Litigation Practice Group, where he is co-founder and office-managing partner of the firm's Miami office. In addition to serving as counsel and as arbitrator in a wide range of international arbitration matters, he teaches and lectures and publishes extensively on international dispute resolution topics. A member of the American Law Institute since 2005, he served as chair of the Florida Bar International Law Section from 2013 to 2014. Reetz is a graduate of Harvard College (AB, magna cum laude) and of Boston University School of Law (JD, summa cum laude).
Most helpful customer reviews
1 of 1 people found the following review helpful.
Extremely informative and well writen book.
By Carlos J. Gimenez
Extremely well written, and the most indepth and accurate book that I have read on the subject matter. The author is clearly a leader in the field. I would recommend the book to anyone that is interested, and is seeking to broaden their base of knowledge and proficiently.
2 of 2 people found the following review helpful.
Five Stars
By Marisol
The book is fantastic!!!
0 of 0 people found the following review helpful.
Advancing the Rule of Law, realistically and incrementally
By Thomas Logue
This book is a stunning accomplishment by two international litigators and scholars that advances the law's mission of making the world less arbitrary. It is important not only as the best book in its field, but also as a study of how the rule of law can grow steadily, if incrementally. A great read.
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