|
|
General exceptions and police powers doctrine in indirect expropriation
Bělova, Alžběta ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
1 ABSTRACT International investment dispute resolution is undoubtedly a place where many public and private interests come together, and it is not always easy to find equilibrium thereamong. Finding this balance is often a very complex discipline, as was confirmed by many investment tribunals in their decision-making practice. One of the most discussed problems in today's investment disputes is the issue of indirect expropriation and the related possibility of the state to adopt various regulatory measures and laws. It is often the case that, as a result of such measures, the proprietary rights of an investor are infringed and, as a consequence, they may bring a claim before an international investment tribunal against the respective state on the grounds of indirect expropriation. It is precisely because of this possible course of events that states have gradually become more cautious in adopting various legal measures, although some of them might be needed for the sake of environmental protection or the health of the population. This unwanted condition has come to be called "regulatory chill". In response to these developments in international investment law, states have gradually started to include certain provisions in their international investment agreements, which aspire to restore and secure the...
|
guest ::
