Arbitration, Arbitration Proceedings, Expropriation, International arbitration, Investment Arbitration
Can Regulatory Freedom Justify Indirect Expropriation in Investment Arbitration?
States can regulate as part of their sovereignty and can give away a part of their regulatory freedom by making commitments to foreign investors, such as the obligation to compensate investors for expropriation. Unless a treaty removes or modifies a particular norm of international law, international law on expropriation, including customary law, should apply. The…