Who Cares About Regulatory Space in BITs? A Comparative International Approach
26 Pages
Posted: 4 May 2016
Last revised: 1 Dec 2016
Hebrew University of Jerusalem - International Law Forum
Hebrew University of Jerusalem
Ohio State University
Date Written: May 2, 2016
Abstract
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
Suggested Citation:
Suggested Citation
Broude, Tomer and Haftel, Yoram Z. and Thompson, Alexander, Who Cares About Regulatory Space in BITs? A Comparative International Approach (May 2, 2016). Hebrew University of Jerusalem Legal Research Paper Forthcoming 16-41; 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. Available at SSRN: https://ssrn.com/abstract=2773686
