Who Cares About Regulatory Space in BITs? A Comparative International Approach
Forthcoming in COMPARATIVE INTERNATIONAL LAW, Anthea Roberts, Pierre-Hugues Verdier, Mila Versteeg and Paul B. Stephan, eds. (Oxford University Press)
Hebrew University of Jerusalem International Law Forum Working Series 02-16
26 Pages Posted: 4 May 2016 Last revised: 1 Dec 2016
Date Written: May 2, 2016
Regulatory space has become one of the buzzwords of the debate on international investment protection law. Critics claim that investment law unduly constrains states’ regulatory space. Proponents contend that claim. This article analyzes state sensitivity to constraints on regulatory space from a comparative perspective, on the basis of quantitative analysis of textual coding of investor-state dispute settlement provisions in renegotiated bilateral investment treaties.
Keywords: International economic law, investment, bilateral investment treaties, treaty law, renegotiation
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