The Right to Regulate in Investor-State Arbitration “Interaction between International Investment Law and European Union Law” ( بحث مشترك)

DRISS ED.DARAN

Public Law - Law School - Sultqn Qaboos University

Abstract

This article shall delve into the “right to regulate” particularly in investor-state arbitration, being a sovereign state’s power to maintain and adopt government measures in relation to public welfare objectives. It examines the manner in which foreign investor claims especially those in ISDS (Investor-State Dispute Settlement) may inhibit a state’s capacity to regulate, and the way in which the state can safeguard its international investment agreements right. Primarily, the article shall explain dispute resolution and the contemporary investment law framework. Further, it will look into the right to regulate and examine why regulatory disputes characterize a major difficulty for ISDS. Additionally, the article shall analyze how the various safeguard provisions, exclusions, and exceptions may be utilized in investment treaties to safeguard the right to regulate.

Keywords

Investment", "Dispute Settlement", "international investment agreements", "state’s capacity".