This book explores how public purpose doctrine reconciles conflicting obligations of states to engage in regulatory sovereignty while honoring host-state obligations to protect foreign investment.
This book explores how public purpose doctrine reconciles conflicting obligations of states to engage in regulatory sovereignty while honoring host-state obligations to protect foreign investment.
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, Annapolis (B.A., summa cum laude); Columbia University, New York (J.D.), where he was Harlan Fiske Stone Scholar; and holds a Ph.D. (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.
Inhaltsangabe
1. Public purpose in NAFTA; 2. Identifying public purpose in customary international law: select international instruments; 3. Defining the profile of the public purpose doctrine in human rights conventions; 4. The effect of bilateral investment treaties on the public purpose doctrine and the public purpose doctrine's distortion of symmetry in bilateral investment treaties: discerning order and structure; 5. Permanent sovereignty over natural resources; 6. The role of public purpose in foreign investment protection statutes: can FIPS rehabilitate the doctrine?; Appendix I. A comparison between the performance requirements articles of the Canada-Jordan BIT and the Colombia-Japan BIT; Appendix II. An empirical review of the pre-eminence of the public purpose doctrine throughout the ever-expanding universe of bilateral investment treaties; Appendix III. A spatial comparison of provisions relating to investment protection, incentives, and dispute resolution in foreign-investment promotion statutes and bilateral investment treaties.
1. Public purpose in NAFTA; 2. Identifying public purpose in customary international law: select international instruments; 3. Defining the profile of the public purpose doctrine in human rights conventions; 4. The effect of bilateral investment treaties on the public purpose doctrine and the public purpose doctrine's distortion of symmetry in bilateral investment treaties: discerning order and structure; 5. Permanent sovereignty over natural resources; 6. The role of public purpose in foreign investment protection statutes: can FIPS rehabilitate the doctrine?; Appendix I. A comparison between the performance requirements articles of the Canada-Jordan BIT and the Colombia-Japan BIT; Appendix II. An empirical review of the pre-eminence of the public purpose doctrine throughout the ever-expanding universe of bilateral investment treaties; Appendix III. A spatial comparison of provisions relating to investment protection, incentives, and dispute resolution in foreign-investment promotion statutes and bilateral investment treaties.
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