000			03005cam a22003255a 4500
999			_c27243 _d27214
001			018869406
003			Uk
005			20190317120559.0
008			180508s2018 enka frb 001 0 eng d
015			_aGBB889853 _2bnb
016	7		_a018869406 _2Uk
020			_a9781138614222 (pbk.)
040			_aStDuBDS _beng _cStDuBDS _dEG-ScBUE
082	0	4	_a346.092 _bMOU _222
100	1		_aMouyal, Lone Wandahl.
245	1	0	_aInternational investment law and the right to regulate : _ba human rights perspective / _cLone Wandahl Mouyal.
260			_aAbingdon, Oxon ; _aNew York, NY : _b Routledge / Taylor and Francis Group, _c2018.
300			_axviii, 264 p. : _bill. (black and white) ; _c24 cm.
490	0		_aRoutledge research in international economic law
500			_aOriginally published : 2016.
504			_aIncludes bibliographical references and index.
520			_aThe 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.
650		7	_aInvestments, Foreign (International law) _2BUEsh _940407
650		7	_aHuman rights. _2BUEsh
650		7	_aInternational commercial arbitration. _2BUEsh _939464
651			_2BUEsh
653			_bLLAAWW _cMarch2019
655			_vReading book
942			_2ddc