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Previously Argued (PDF).pdf

03_Regulatory-Powers-IEL_COTULA.pdf
Preview of previously argued (PDF)
🔗 Source: qil-qdi.org
📊 Size: 2.85 MB
👤 Author: Windows
⬇️ Downloads: 102

Summary

International investment law is at a crossroads, with a large number of investment treaties and arbitrations sparking debate about their impact on regulatory space. Critics argue that investment treaties unduly restrict regulatory space, causing a "regulatory chill" on socially desirable action, and undermining the sovereign right of states to regulate activities within their jurisdiction. The interface between investment promotion and regulatory space is central to these developments, with public-interest action potentially affecting investments and entering into tension with investment protection standards. While empirical evidence on the extent of this "regulatory chill" is difficult to find, the cost of regulation could skew incentives for public action and discourage regulation. The tension between public action and private interests is not unique to international investment law, but it presents important specificities, including the insulation of foreign investment from the evolving social contract and the provision of private actors with direct access to international redress.

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Description

International investment law is at a crossroads, with a large number of investment treaties and arbitrations sparking debate about their impact on regulatory...

Technical Information

  • File Format: PDF
  • File Size: 2.85 MB
  • Pages: 13
  • Language: EN
  • Author: Windows
  • Total Downloads: 102
  • Last Updated: 1 month ago

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