Recognition or Expropriation
Article from: OGEL 3 (2004), in International Oil, Gas & Energy Dispute Management
Introduction
In this paper Professor Lowe explores one of the most controversial and fast-developing areas of international law: the area in which the claims of a State to regulate its economy come up against the claims of investors to keep their investments in the State in a stable regulatory framework. The central question is, how should we draw the line between, on the one hand, legitimate regulatory measures imposed by governments on foreign businesses and, on the other hand, illegitimate interference with the rights and interests of foreign investors?