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The Right to Regulate in International Investment Law
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The Right to Regulate in International Investment Law
Author(s): Catharine Titi
Since the inception of the international investment law system, investment promotion and protection have been the raison d'être of investment treaties and states have confined their policy space in order to attract foreign investment and protect their investors abroad. Languishing in relative obscurity until recently, the right to regulate has gradually come to the spotlight as a key component of negotiations on new generation investment agreements around the globe. States and regional organisations, including, notably, the European Union and the United States, have started to examine ways in which to safeguard their regulatory power and guide - and delimit - the interpretive power of arbitral tribunals, by reserving their right to pursue specific public policy objectives. The monograph explores the status quo of the right to regulate, in order to offer an appraisal and a reference tool for treatymakers, thus contributing to a better understanding of the concept and the broader discourse on how to enhance the investment law system's legitimacy.
Review(s):
ISBN: 9781849466110
Author(s): Catharine Titi
Since the inception of the international investment law system, investment promotion and protection have been the raison d'être of investment treaties and states have confined their policy space in order to attract foreign investment and protect their investors abroad. Languishing in relative obscurity until recently, the right to regulate has gradually come to the spotlight as a key component of negotiations on new generation investment agreements around the globe. States and regional organisations, including, notably, the European Union and the United States, have started to examine ways in which to safeguard their regulatory power and guide - and delimit - the interpretive power of arbitral tribunals, by reserving their right to pursue specific public policy objectives. The monograph explores the status quo of the right to regulate, in order to offer an appraisal and a reference tool for treatymakers, thus contributing to a better understanding of the concept and the broader discourse on how to enhance the investment law system's legitimacy.
Review(s):
“All in all, the present thesis is a solid work with a clear design and a good conclusion.The relevant practice and case law is comprehensively reviewed, thus presenting a reliable legal insight into a politically highly sensitive topic.” —Archiv des Völkerrechts
“The book provides expert analysis of various provisions of international investment agreements safeguarding the right to regulate. As such, it is valuable to academics, advanced students of international law and practitioners and particularly to negotiators of these agreements, because it demonstrates which drafting can best protect state's regulatory powers.” —The Lawyer Quarterly
ISBN: 9781849466110