Outlines a general theory of whether and how to include public interest concerns in the realm of international investment law.
Andreas Kulick is an associate at the public international law and investment arbitration practice group of Cleary Gottlieb Steen and Hamilton in Paris and is admitted to the German bar. He studied in Freiburg, Geneva (HEID), Berlin (Humboldt University) and New York (New York University). Dr Kulick has been a visiting fellow at the Lauterpacht Centre for International Law and holds a PhD in public international law from the University of Tübingen. His main research interests are public international law, international investment law and arbitration as well as comparative constitutional law.
1. Introduction; Part I. Towards the Global Public Interest Theory: 2. The 'internationalization' of international investment law; 3. Considering current approaches dealing with public interest considerations in the investment regime; 4. The Global Public Interest theory; 5. How to balance the conflicting interests: proportionality analysis; Part II. Global Public Interest in International Investment Case Law: 6. International investment law and the environment; 7. Human rights and investment - friends or foes?; 8. Corruption and other irregularities; 9. Concluding remarks.