Introduction

This paper addresses a currently very controversial issue - the question of environmental regulation of foreign investor and the limits on such national regulation by international law, in particular by recently completed and negotiated (MITs), and specifically where to draw the line between legitimate non-compensable regulation aimed at protecting the environment, or "human, animal or plant life or health" on one hand, and regulation which is "tantamount" to expropriation requiring compensation, on the other? It is a question that is largely responsible for the 1998 collapse ...