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Regulatory Freedom and Investment Treaty Arbitration
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This book provides a comprehensive analysis of regulatory freedom of States in international law and investigates the interaction of regulatory freedom with treatment standards contained in investment treaties. Regulatory freedom is a rule of customary international law that need not be asserted solely based on treaty provisions. The requirements of regulatory freedom: bona fide , public interest and non-discrimination once cumulatively met do not overlap with treatment standards, thus excluding the possibility of a State being found responsible for breach of investment treaties.
Aniruddha Rajput, PhD is Distinguished Professor of Law at National Law University, Delhi and a barrister advising and appearing on behalf of States, international organisations and private entities before international courts and tribunals.
Contents
1 Introduction
2 Regulatory Freedom – A Customary International Law Rule
3 Regulatory Freedom and Treatment Standards: Interaction of Norms
4 Regulatory Freedom and Expropriation
5 Regulatory Freedom and the Fair and Equitable Treatment Standard
6 Elements of Regulatory Freedom
7 Standard of Review
8 Conclusions
1 Introduction
2 Regulatory Freedom – A Customary International Law Rule
3 Regulatory Freedom and Treatment Standards: Interaction of Norms
4 Regulatory Freedom and Expropriation
5 Regulatory Freedom and the Fair and Equitable Treatment Standard
6 Elements of Regulatory Freedom
7 Standard of Review
8 Conclusions
Academics, practitioners and policy makers in the field of international investment law.