Regulatory Freedom and Indirect Expropriation in Investment Arbitration
By: Aniruddha Rajput
About this book: Regulatory Freedom and Indirect Expropriation in Investment Arbitration presents a conceptual framework for the scope, relationship and method for delineating between regulatory freedom and indirect expropriation and ways for resolving these issues in practice. Many investment arbitration cases involve a challenge to a regulatory measure of a host state on the basis of indirect expropriation. The practice of arbitral tribunals is diverse and unsettled. In recent years, states have been trying to clarify the relationship between regulatory freedom and indirect expropriation by revisiting provisions relating to indirect expropriation in their investment treaties. This book provides the first focused analysis of indirect expropriation and regulatory freedom, drawing on a broad range of the jurisprudence of investment tribunals, as well as of other international courts and tribunals such as the International Court of Justice (ICJ), Permanent Court of International Justice (PCIJ), dispute resolution bodies of the World Trade Organization (WTO) and European Court of Human Rights. What's in this book: The book provides detailed responses to the following complex questions: To what extent do states retain regulatory freedom after entering into investment treaties? What is the scope of regulatory freedom in general public international law? What are the elements of regulatory freedom and standard of review? How to draw a dividing line between regulatory freedom and indirect expropriation? Whether the sole effects doctrine or the police powers is the appropriate way of distinguishing between regulatory freedom and indirect expropriation? How this will help you: Given the dense network of more than three thousand bilateral investment treaties (BITs) that impose an obligation to protect foreign investments in a State, this book will help practitioners identify, through analysis of cases from diverse fields, how a situation may be categorized either as regulatory freedom or as indirect expropriation. The analysis will also be of value to government officials and lawyers involved in negotiating and re-negotiating investment treaties, as well as to arbitrators who have to decide these issues. Scholars will welcome the book's keen insight into the contentious relationship between a customary international law norm and a treaty norm.
AI Overview
"Regulatory Freedom and Indirect Expropriation in Investment Arbitration" by Aniruddha Rajput is a comprehensive legal treatise that delves into the complex issues of regulatory freedom and indirect expropriation in the context of investment arbitration. Here is a detailed overview of the book:
Key Themes
- Regulatory Freedom: The book explores the extent to which states retain regulatory freedom after entering into investment treaties. It examines how these treaties balance the need for regulatory autonomy with the protection of foreign investments.
- Indirect Expropriation: The book provides a focused analysis of indirect expropriation, which refers to situations where a state's actions, though not explicitly taking property, have the effect of depriving an investor of its investment.
- Investment Arbitration: The book discusses the jurisprudence of investment arbitration, including case law and precedents that have shaped the understanding of regulatory freedom and indirect expropriation.
Plot Summary
The book is structured to address complex questions related to the intersection of regulatory freedom and indirect expropriation in investment arbitration. It provides detailed responses to issues such as:
- The extent to which states can regulate their economies without violating investment treaties.
- The criteria for determining whether a state's actions constitute indirect expropriation.
- The role of international investment law in balancing the interests of host states and foreign investors.
Critical Reception
While specific reviews are not provided in the sources, the book is recognized for its comprehensive analysis and detailed responses to complex legal questions. It is published by Kluwer Law International B.V., a reputable publisher in the field of international law, which suggests that the book has been well-received by legal scholars and practitioners.
Publication Details
- Author: Aniruddha Rajput
- Publisher: Kluwer Law International B.V.
- ISBN: 9789403506241
- Publication Date: Not specified in the sources, but it was published around 2018 based on the context of the book's content.
In summary, "Regulatory Freedom and Indirect Expropriation in Investment Arbitration" by Aniruddha Rajput is a seminal work in the field of international investment law, offering a thorough examination of the intricate relationships between regulatory freedom, indirect expropriation, and investment arbitration. Its detailed analysis and comprehensive approach make it a valuable resource for legal scholars, practitioners, and policymakers.