The Resource Reconciling international investment law and sustainable development with respect to host state's right to regulate : the legal impact of sustainable development objective on indirect expropriation standard and its legitimate expectations sub-element, Ilze Dubava

Reconciling international investment law and sustainable development with respect to host state's right to regulate : the legal impact of sustainable development objective on indirect expropriation standard and its legitimate expectations sub-element, Ilze Dubava

Label
Reconciling international investment law and sustainable development with respect to host state's right to regulate : the legal impact of sustainable development objective on indirect expropriation standard and its legitimate expectations sub-element
Title
Reconciling international investment law and sustainable development with respect to host state's right to regulate
Title remainder
the legal impact of sustainable development objective on indirect expropriation standard and its legitimate expectations sub-element
Statement of responsibility
Ilze Dubava
Creator
Contributor
Subject
Language
eng
Summary
It is acknowledged that sustainable development, which is generally understood as the achievement of an equal balance between economic development, social progress and environmental protection, is a new paradigm of international investment protection law which requires finding a balance between the State's regulatory responsibilities and a foreign investor's interests. This new paradigm is to be taken into account when planning domestic investment policies and drafting future investment agreements. However, this study aims to prove that the sustainable development paradigm, and its consequent extension of protected interests in investment law, is already applicable in the currently existing investment protection regime and in the application of the indirect expropriation standard requiring a reconsideration of the methodologies used for the establishment of indirect expropriation. An investor's protection against indirect expropriation is a basic component of international investment law, and often investors challenge as expropriatory general legislative acts, administrative measures and compliance measures with non-economic international obligations of host States dealing with the protection of non-economic public interests. Investment agreements do not contain a precise definition of indirect expropriation leaving considerable discretion in the hands of adjudicators for deciding what measures do amount to indirect takings in specific cases. Consequently, arbitrators have developed distinct methodologies for the assessment of the existence of indirect expropriation. These methodologies differ regarding their responsiveness to legitimate public welfare objectives that have motivated a State's interference in a foreign investment raising concerns about the capacity left for host States to exercise their regulatory responsibilities. Therefore, the thesis is designed to prove that sustainable development has reached a capacity to guide the contextual and effective interpretation of the indirect expropriation standard. It is claimed that sustainable development forms part of the object and purpose of the investment protection regime within which the indirect expropriation standard must be applied. Consequently, it requires altering perceptions of applicable law and the methodologies used for the establishment of indirect expropriation requiring focus on wider interests than the ones of foreign investors
Member of
Cataloging source
IT-FiEUI
http://library.link/vocab/creatorName
Dubava, Ilze
Date time place
Defence date: 6 February 2014
Dissertation note
Thesis (Ph. D.)--European University Institute (LAW), 2014.
Index
no index present
Literary form
non fiction
Nature of contents
theses
http://library.link/vocab/relatedWorkOrContributorName
European University Institute
Series statement
  • EUI PhD theses
  • EUI theses
http://library.link/vocab/subjectName
  • Investments, Foreign (International law)
  • Investments, Foreign
  • Law and economic development
Label
Reconciling international investment law and sustainable development with respect to host state's right to regulate : the legal impact of sustainable development objective on indirect expropriation standard and its legitimate expectations sub-element, Ilze Dubava
Instantiates
Publication
Note
Examining Board: Professor Emeritus Ernst-Ulrich Petersmann, EUI (Supervisor); Professor Emeritus Francesco Francioni, EUI Professor; Markus Ghering, University of Cambridge; Professor Andreas Ziegler, University of Lausanne
Bibliography note
Includes bibliographical references (pages 219-244)
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier.
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent.
Control code
FIEb17505240
Dimensions
30 cm.
Extent
272 pages
Media category
unmediated
Media MARC source
rdamedia.
Media type code
  • n
System control number
(OCoLC)881360445
Label
Reconciling international investment law and sustainable development with respect to host state's right to regulate : the legal impact of sustainable development objective on indirect expropriation standard and its legitimate expectations sub-element, Ilze Dubava
Publication
Note
Examining Board: Professor Emeritus Ernst-Ulrich Petersmann, EUI (Supervisor); Professor Emeritus Francesco Francioni, EUI Professor; Markus Ghering, University of Cambridge; Professor Andreas Ziegler, University of Lausanne
Bibliography note
Includes bibliographical references (pages 219-244)
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier.
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent.
Control code
FIEb17505240
Dimensions
30 cm.
Extent
272 pages
Media category
unmediated
Media MARC source
rdamedia.
Media type code
  • n
System control number
(OCoLC)881360445

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