Regulatory Freedom and Indirect Expropriation: Seeking Compatibility with Sustainable Development in New Generation Bilateral Investment Treaties

Anna Kuprieieva
One of the most notorious dilemmas of international rules on the protection of foreign investment is how to decrease the tension between a state’s regulatory freedom and private property rights in addressing indirect expropriation. Bilateral investment treaties need to achieve a crucial balance: to protect the interests of foreign investors and support rights of states to regulate in pursuit of sustainable development. In dealing with indirect expropriation past tribunals relied on different approaches and adopted...
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