'Reservation List' in International Investment Agreement: A Better Way to Secure Regulatory Autonomy for Host Countries

38 Pages Posted: 13 May 2017

See all articles by Tae Jung Park

Tae Jung Park

Incheon National University, Department of Law

Date Written: May 9, 2017

Abstract

The beauty of international investment law is the balance of regulatory power of host countries with foreign investment protections. Many scholars introduced various flexibility devices for host countries to secure their policy space. However, they realized practical difficulties implementing those devices because of dramatically unequal bargaining power between host countries and home countries. What are the alternative flexibility devices that could overcome this unequal bargaining power problem? This article is the first one to introduce the reservation list as a solution to the problem. The reservation list is regarded as a practical and realistic solution to securing policy space among many real-world investment treaty negotiators. This article examines comparative advantages of using the reservation list and some caveats in preparing the list.

Keywords: international investment law

Suggested Citation

Park, Tae Jung, 'Reservation List' in International Investment Agreement: A Better Way to Secure Regulatory Autonomy for Host Countries (May 9, 2017). North Carolina Journal of International Law and Commercial Regulation, Vol. 43, 2017, Available at SSRN: https://ssrn.com/abstract=2965394

Tae Jung Park (Contact Author)

Incheon National University, Department of Law ( email )

Incheon
Songdo, songdo 3133
Korea, Republic of (South Korea)

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
108
Abstract Views
415
rank
312,899
PlumX Metrics