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Books > Business & Economics > Economics > International economics > International trade
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Public Health in International Investment Law and Arbitration (Paperback)
Loot Price: R1,160
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Public Health in International Investment Law and Arbitration (Paperback)
Series: Routledge Research in International Economic Law
Expected to ship within 12 - 17 working days
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Is a State free to adopt measures to protect the public health of
its citizens? If so, what are the limits, if any, to such
regulatory powers? This book addresses these questions by focusing
on the clash between the regulatory autonomy of the state and
international investment governance. As a wide variety of state
regulations allegedly aimed at protecting public health may
interfere with foreign investments, a tension exists between the
public health policies of the host state and investment treaty
provisions. Under most investment treaties, States have waived
their sovereign immunity, and have agreed to give arbitrators a
comprehensive jurisdiction over what are essentially regulatory
disputes. Some scholars and practitioners have expressed concern
regarding the magnitude of decision-making power allocated to
investment treaty tribunals. This book contributes to the current
understanding of international investment law and arbitration,
addressing the fundamental question of whether public health has
and/or should have any relevance in contemporary international
investment law and policy. With a focus on the 'clash of cultures'
between international investment law and public health, the author
critically analyses the emerging case law of investment treaty
arbitration and considers the theoretical interplay between public
health and investor rights in international investment law. The
book also explores the interplay between investment law and public
health in practice, focusing on specific sectors such as
pharmaceutical patents, tobacco regulation and environmental
health. It then goes on to analyze the available means for
promoting consideration of public health in international
investment law and suggests new methods and approaches to better
reconcile public health and investor rights.
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