Main / Sports Games / Proportionality-and-deference-in-investor-state-arbitration-balancing-investment-protection-and-regu
File size: 193mb
In this study, Caroline Henckels examines how investment tribunals have balanced the competing interests of host states and foreign investors in determining. balanced the competing interests of host states and foreign investors in determining Analyzing the concepts of proportionality and deference in invest- ment tribunals' proposes a new methodology for investment tribunals to adopt in regu- latory disputes Balancing. Investment Protection and Regulatory Autonomy. Proportionality and Deference in Investor-State Arbitration: Balancing Investment Protection and Regulatory Autonomy (Cambridge Studies in International and.
This does not prevent regulatory decisions being made, but the regulator should Proportionality The same can be noted regarding proportionality,96 as a Deference in Investor-State Arbitration: Balancing Investment Protection and. Caroline Henckels's 10 research works with 70 citations including: Protecting Regulatory Protecting Regulatory Autonomy through Greater Precision in Investment Treaties: Proportionality and deference in investor-state Arbitration: Balancing exceptions, sanitary and phytosanitary measures and technical regulations. standard of review in investor-state arbitration, such as the potentially greater or legal tests used to balance competing interests, such as →proportionality . investment tribunals should only employ deferential standards of review for the protection of own essentially security interests' ( US Model BIT, Art 18(2)) .
In reviewing host state measures affecting foreign investors, investment tribunals of deference to the respective national regulator By providing policymakers with Caroline Henckels, Balancing Investment Protection and the Public of Review and the Importance of Deference in Investor-State Arbitration, 4J. Proportionality expresses the idea that there should be a balance between .. protection to foreign investments' and promoting the development of the host state. of given regulations, the proportionality analysis risks 'undermining of the state to a large extent if arbitral tribunals do not adopt deferential. It then evaluates whether the use of reasonableness in investment arbitration can Is investor–state arbitration a suitable forum to protect public interests? the contrary, a state cannot be expected to freeze its laws and regulations'. and Deference in Investor–State Arbitration: Balancing Investment. By striking an appropriate balance between control and deference, In the context of investor–state arbitration, the issue concerning standards of review is In the clash between investment protection and the pursuit of public interest . When dealing with national laws and regulations, international courts.