Determination of Indirect Expropriation and Doctrine of Police Power in International Investment Law: A Critical Appraisal
Leila Choukroune (Ed) Judging the State in International Trade and Investment Law, 2016
23 Pages Posted: 8 Feb 2016 Last revised: 16 Dec 2017
Date Written: January 20, 2016
This paper inquires whether the ITA tribunals, while judging whether a host State’s regulatory measures amount to indirect expropriation or not, have been able to develop and apply the police power doctrine in a uniform manner? This inquiry is important to understand whether this doctrine could serve as a benchmark to judge a host State’s regulatory measures. The methodology adopted to do this is first to identify ITA cases, which talk about this doctrine, followed by studying cases where the doctrine of police power was referred by the parties or used for disputes, related to indirect expropriation, by ITA tribunals and to see whether the approach of different arbitral tribunals was similar or different.
Keywords: BIT, Investment Treaty Arbitration, Investment, Police Power, Expropriation
JEL Classification: F20, F21
Suggested Citation: Suggested Citation