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Vol 22 No 9 Sept/Oct 2017

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International Investment Law and the Right to Regulate


ISBN13: 9781138924970
Published: March 2016
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £110.00



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The book considers the ways in which the international investment law regime intersects with the human rights regime, and the potential for clashes between the two legal orders.

Within the human rights regime states may be obligated to regulate, including a duty to adopt regulation aiming at improving social standards and conditions of living for their population. Yet, states are increasingly confronted with the consequences of such regulation in investment disputes, where investors seek to challenge regulatory interferences for example in expropriation claims.

Regulatory measures may for instance interfere with the investment by imposing conditions on investors or negatively affecting the value of the investment. As a consequence, investors increasingly seek to challenge regulatory measures in international investment arbitration on the basis of a bilateral investment treaty.

This book sets out the nature and the scope of the right to regulate in current international investment law. The book examines bilateral investment treaties and ICSID arbitrations looking at the indicative parameters that are granted weight in practice in expropriation claims delimiting compensable from non-compensable regulation.

The book places the potential clash between the right to regulate and international investment law within a theoretical framework which describes the stability-flexibility dilemma currently inherent within international law. Lone Wandahl Mouyal goes on to set out methods which could be employed by both BIT-negotiators and adjudicators of investment disputes, allowing states to exercise their right to regulate while at the same time providing investors with legal certainty.

Subjects:
International Investment Law
Contents:
1. Foreign investments and public policies
2. General international law, investment protection and the right to regulate
3. The context of international investment law - from policy to legal norms
4. Human rights in the international investment law regime: The duty to regulate
5. The case-study of expropriation claims in international investment law and investment arbitration
6. Collecting the pieces

Series: Routledge Research in International Economic Law

Trade Remedies: A Development Perspective ISBN 9780415544757
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Defences in International Investment Law ISBN 9781138833630
To be published June 2018
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International Investment Law and Policy in Africa ISBN 9781138240629
Published September 2017
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International Investment Law and Policy in Africa (eBook) ISBN 9781351998819
Published September 2017
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Culture and International Economic Law ISBN 9780415723268
Published February 2015
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Culture and International Economic Law (eBook) ISBN 9781317910756
Published February 2015
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Improving International Investment Agreements ISBN 9781138843387
Published October 2014
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The WTO and Infant Industry Promotion in Developing Countries ISBN 9781138019553
Published October 2014
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International Investment Law: A Chinese Perspective (eBook) ISBN 9781134442492
Published September 2014
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International Investment Law: A Chinese Perspective ISBN 9780415500036
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Public Health in International Investment Law and Arbitration ISBN 9781138025233
To be published February 2014
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£28.99
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Improving International Investment Agreements ISBN 9780415671972
Published November 2012
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The WTO and the Environment: Development of Competence Beyond Trade ISBN 9780415527125
Published October 2012
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Public Health in International Investment Law and Arbitration ISBN 9780415507493
Published July 2012
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£110.00
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Foreign Investment and Dispute Resolution Law and Practice in Asia ISBN 9780415610742
Published November 2011
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£110.00
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Recognition and Regulation of Safeguard Measures Under GATT/WTO ISBN 9780415619592
Published May 2011
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£110.00