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.
General
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