Regulatory Freedom and Investment Treaty Arbitration - (Brill Research Perspectives in International Law) by Aniruddha Rajput (Paperback)

About the Book

This book analyses the scope of regulatory freedom States enjoy in international law even after entering into investment protection treaties; whereby they are not required to compensate the foreign investors for the losses caused due to legitimate regulations.

Book Synopsis

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.

About the Author

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.