Environmental Regulation and Modern Investment Treaties: "Regulatory Taking" as a New International Law Discipline
Article from: OGEL Archive issue , in Comparative Energy Law
Introduction
This paper addresses a currently very controversial issue - the question of environmental regulation of foreign investment and the limits on such national regulation by international law, in particular by recently completed and negotiated multilateral investment Treaties (MITs). It contributes to the emerging discussion on how and where to draw the line between legitimate non- compensable national 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 ...