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Regulating under IIAs - An Analysis of the Balance of the State’s Right to Regulate and Expropriation

Gyllenstierna, Alexander LU (2022) HARN63 20221
Department of Business Law
Abstract
States or regions conclude IIAs to protect and promote foreign investments, among other things, by prohibiting states’ from ‘taking’ or adopting measures equivalent to ‘taking’ the foreign investors’ property, known as expropriation. However, the state needs regulatory space, but how much is unclear and controversial. The newly concluded EU and Singapore FTA and IPA are taking a new approach to the state’s right to regulate and expropriation. This thesis describes and analyses the development of the balance between the ‘state’s right to regulate’ and ‘expropriation’ from traditional BITs to the new IIAs. The methods used are the legal dogmatic method on the international and EU level. The main findings are the preambles inclusion of the... (More)
States or regions conclude IIAs to protect and promote foreign investments, among other things, by prohibiting states’ from ‘taking’ or adopting measures equivalent to ‘taking’ the foreign investors’ property, known as expropriation. However, the state needs regulatory space, but how much is unclear and controversial. The newly concluded EU and Singapore FTA and IPA are taking a new approach to the state’s right to regulate and expropriation. This thesis describes and analyses the development of the balance between the ‘state’s right to regulate’ and ‘expropriation’ from traditional BITs to the new IIAs. The methods used are the legal dogmatic method on the international and EU level. The main findings are the preambles inclusion of the state’s right to regulate and references to sustainable development. Furthermore, the guide to interpretation in the annexes has similarities to the BIT case law. A developed version of the ISDS system shall enforce the new balance by being structured to increase transparency and independence in disputes. Overall, the new IIAs have given the contracting parties broader regulatory space. (Less)
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author
Gyllenstierna, Alexander LU
supervisor
organization
course
HARN63 20221
year
type
H1 - Master's Degree (One Year)
subject
keywords
International investment agreements, the state’s right to regulate, expropriation, sustainable development
language
English
id
9086372
date added to LUP
2022-06-17 09:17:36
date last changed
2022-06-17 09:17:36
@misc{9086372,
  abstract     = {{States or regions conclude IIAs to protect and promote foreign investments, among other things, by prohibiting states’ from ‘taking’ or adopting measures equivalent to ‘taking’ the foreign investors’ property, known as expropriation. However, the state needs regulatory space, but how much is unclear and controversial. The newly concluded EU and Singapore FTA and IPA are taking a new approach to the state’s right to regulate and expropriation. This thesis describes and analyses the development of the balance between the ‘state’s right to regulate’ and ‘expropriation’ from traditional BITs to the new IIAs. The methods used are the legal dogmatic method on the international and EU level. The main findings are the preambles inclusion of the state’s right to regulate and references to sustainable development. Furthermore, the guide to interpretation in the annexes has similarities to the BIT case law. A developed version of the ISDS system shall enforce the new balance by being structured to increase transparency and independence in disputes. Overall, the new IIAs have given the contracting parties broader regulatory space.}},
  author       = {{Gyllenstierna, Alexander}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{Regulating under IIAs - An Analysis of the Balance of the State’s Right to Regulate and Expropriation}},
  year         = {{2022}},
}