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General Interests of Host States in International Investment Law
  • Edited by Giorgio Sacerdoti
  • With Pia Acconci, Mara Valenti, Anna De Luca
  • Published online: 05 July 2014
  • Print publication: 29 May 2014
  • Signatory States have the right to take action in order to maintain their financial stability, stimulate economic development or further their non-economic interests (such as health, the environment and food security). However, such measures can potentially conflict with the rights of foreign investors. Regulators and policy makers must take States' international commitments toward foreign investors into account when making decisions. They must also avoid resorting to protectionism in drafting new treaties. With this tension in mind, this book offers a balanced reappraisal of bilateral treaties and regional agreements on foreign investments. The sensitive issues are examined in the light of the case law of arbitral investment tribunals and other international courts, and the analysis highlights how cross-fertilisation between trade and investment can assist in resolving conflicts.

  • 6 - Evolutionary Psychopharmacology, Mental Disorders, and Ethical Behavior

  • Edited by Giovanni Boniolo, Università degli Studi di Padova, Italy, Gabriele De Anna, University of St Andrews, Scotland
  • Book: Evolutionary Ethics and Contemporary Biology
  • Published online: 23 July 2009
  • Print publication: 03 July 2006, pp 97-120

  • Summary

    The concept of pathology has a built-in normative character. An individual (or a state) is pathological if and only if it is not normal, that is, if it fails to be as an individual (or a state) of that sort ought to be. In other words, a pathological individual (or state) is an individual (or state) that does not conform to the standards to which all the individuals (or states) falling under its very sortal concept must conform.

    When applied to mental disorders, this view entails that the concept of psychopathology has a normative character. A human being is psychopathic if and only if he fails to have the mental capacities that are normal for humans, that is, the mental capacities that humans ought to have. Human specific mental capacities include emotional responses to the environment, as well as perceptual and cognitive abilities. Let us call this the “received view of psychopathology.”

    The received view has two main implications concerning psychiatry. The first implication is that psychiatry is ethically relevant, in two respects. First, the results of psychopathology may help to define what is normal for humans, and thus psychiatry may help to determine ethical norms. Second, the psychiatric treatment of mental disorders rests on various assumptions concerning what is normal for humans, and thus psychiatry has profound ethical bearings.

    The second implication of the received view of psychopathology is what we could call the “universal treatment thesis.”

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