International Investment Law and the Right to Regulate: A human rights perspective

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Lone Wandahl Mouyal

International Investment Law and the Right to Regulate

A human rights perspective

Lone Wandahl Mouyal

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English

Routledge
01 June 2018

Series: Routledge Research in International Economic Law

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.

The book serves as a valuable tool, an added perspective, for academics as well as for practitioners dealing with aspects of international investment law.

By: Lone Wandahl Mouyal
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
Weight: 589g
ISBN: 9781138614222
ISBN 10: 113861422X
Series: Routledge Research in International Economic Law
Pages: 264
Publication Date: 01 June 2018
Audience: Professional and scholarly , College/higher education , Undergraduate , Further / Higher Education
Format: Paperback
Publisher's Status: Active

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

Lone Wandahl Mouyal is Assistant Professor in international economic law at the Law Faculty at the University of Copenhagen, Denmark