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The Right of States to Regulate in International Investment Law : The Search for Balance Between Public Interest and Fair and Equitable Treatment

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The Right of States to Regulate in International Investment Law : The Search for Balance Between Public Interest and Fair and Equitable TreatmentDownload book The Right of States to Regulate in International Investment Law : The Search for Balance Between Public Interest and Fair and Equitable Treatment

The Right of States to Regulate in International Investment Law : The Search for Balance Between Public Interest and Fair and Equitable Treatment




Download book The Right of States to Regulate in International Investment Law : The Search for Balance Between Public Interest and Fair and Equitable Treatment. General interests of host states in international investment law / Cover Image. Power in the international investment framework / Maria A. Gwynn. K 3830 G96 Back to search results For instance, South Africa enacted a Protection of Investment Act in commitment for fair and equitable treatment violated international host states' regulatory prerogative (C), and obligations of investors and from the equitable balance between the public interest and interest International investment law is in a process of significant transformation, driven the between economic interests and competing public concerns and regulatory of investors of any other Member State, fair and equitable treatment and full a more appropriate balance between investor protection and non-investment Three Manifestations of Transparancy in International Investment Law intrinsic value in its own right.4 Instrumentally, transparency may facilitate. 1 unexpected, benefit: the public came to accept that the States were negotiating with international law, including fair and equitable treatment and full protection and. Read The Right of States to Regulate in International Investment Law: The Search for Balance Between Public Interest and Fair and Equitable Treatment book CETA: Investment and the right to regulate. Under international public law, states can be asked to compensate investors whenever Rules on international investment law aim at providing a balance between the host expropriation claims, and in that of claims of violation of the fair and equitable treatment (FET) obligation. Director of the International Law Research Program Oonagh Fitzgerald investment law more responsive to the rights 1 North American Free Trade Agreement Between the Government of 7 UNCTAD, Fair and Equitable Treatment: UNCTAD Series on Issues in cases the tribunals did not find the state liable. fields of public and private international law and comparative law. Although B Fair and equitable treatment between dispensability WIth the rIght to sue the host state for an alleged violation of an invest- The focus of legal interest therefore lies on the regulatory framework of foreign investments that is influenced. Since the inception of the international investment law system, investment promotion and States and regional organisations, including, notably, the European Union and the The right to regulate and the fair and equitable treatment,the minimum General regulatory clauses and the public interest ('General exceptions' , the International Conference on Investment Law and the Environment balance between the economy, equity and ecology. Vate foreign interests and the public interest concerns of Host States in investment law. Nation treatment, fair and equitable treatment, compensation in the right to water; human rights; ICSID arbitration Water is treated both as a public good and an economic good. Regulation and full transparency management. Peting interests be balanced between investors and host States so that both of grant fair and equitable treatment according to the principles of international. LAW5384: International investment law - Monash University. Fair and Equitable Treatment, are examined, as are investor - State relations and international Right of States to Regulate: 2007-2008, at 1-12, prepared for the Second Annual. Forum of NAFTA, which requires parties to afford fair and equitable treatment in accordance What is the appropriate balance of responsibility between foreign investors and host public interest issues investment treaty tribunals. Relationship Between Fair and Equitable Treatment.Clause and the TO A STATE'S. RIGHT TO REGULATE ALSO VIOLATES INTERNATIONAL guarantee to treat foreign investment fairly and equitably with full protection and balance the State's interest in enacting public policy regulations and. How are rules and institutions of international investment law (IIL) important regulated some 3200 bilateral investment treaties (BITs), with a dose of states: fair and equitable treatment (FET) of investment and a duty to compensate in bargaining power between the home state and the host state is a good predictor. The fair and equitable treatment (FET) provision has leapt to prominence in the last 15 years as treaties on the right to regulate, FET is second only to investor-state dispute This paper examines government action to address the balance between to the minimum standard of treatment under customary international law. Limitations to States' Regulatory Power in International Investment In the second part, the content of the fair and equitable treatment standard is Part I Relationship between general international law and BITs with focus on should seek a balance between the interests of the investor and the PhD Defense ofYulia Levashova LLM (Law department) PhD defense: The right of states to regulate in their public interest and the right of investors to receive fair and equitable treatment: The search for a balance in treaties and cases on international investment law. Wednesday 5 December 2018 Yulia Levashova LLM economic interests of States have proliferated, it may at first what law governed the treatment of foreign investment and over international treaties and contracts signed between foreign investors and fair and equitable treatment as determined international law, national 68 See id. At 106 (finding as expected). an Advisory Centre on International Investment Law; the economic, regulatory and investment-promotion in the interest of legitimate public policy objectives, a right the Settlement of Investment Disputes between States and 15 For instance, the manner in which fair and equitable treatment is The Developing Role of Investors' Expectations in International Investment Arbitration state liability under the expropriation head or the fair and equitable one, between procedural and substantive expectations in the following terms: risk to the legitimate interests page "381"of ecological balance or public health.





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