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- Title
Transformations in International Investment Law: Incorporating Public Interest into Private Regime.
- Authors
El Mougy, Hussein A. M.
- Abstract
There is a continuing debate about the conceptual foundations of international investment law. The debate focuses on whether international investment law is of private or public nature. In this paper, I argue that the ongoing "classificatory debate" is artificial and does not address the essential nature of the international investment legal regime. Rather, it express political power relations reflecting efforts of competing parties to uphold specific interests at the expense of others. Indeed, there is no inherent conflict between private and public rights and interests, the international investment regime is a complex and dynamic one. Thus, the normative tensions of the international investment legal regime should be addressed from a comprehensive approach focusing on its contemporary practice and future developments. I suggest, that although the coverage of the international investment legal regime is technically limited, it is functionally transnational. Thus, the future evolution of the regime should take adequate account of transformations of international relations and integrates the value reflected in the current trends in public international law allowing for the balancing of all legitimate interests.
- Subjects
FOREIGN investments; PUBLIC interest law; INVESTMENT laws; INTERNATIONAL law; INVESTMENT treaties; INVESTOR-state arbitration; POWER (Social sciences)
- Publication
Global Business & Economics Anthology, 2022, Vol 1, p1
- ISSN
1553-1392
- Publication type
Article
- DOI
10.47341/GBEA.20127