The Jurisprudence of GATT and the WTO

The Jurisprudence of GATT and the WTO

Author: John H. Jackson

Publisher: Cambridge University Press

Published: 2007-03-05

Total Pages: 522

ISBN-13: 9780521035644

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This book contains a selection of essays and articles by John H. Jackson previously published over four decades and now collected together into one volume. Each article has been selected for its continued timeliness and relevance to contemporary issues in international trade. Particular attention has been given to making available articles that have previously been less accessible. For the most part articles are republished in their original form but, where appropriate, the author has clearly marked some omissions and added updating material. An indispensable addition to every international trade library.


Public Purpose in International Law

Public Purpose in International Law

Author: Pedro J. Martinez-Fraga

Publisher: Cambridge University Press

Published: 2015-02-19

Total Pages: 471

ISBN-13: 1316272699

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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.