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The central question raised by claims of indirect expropriation is: to what extent…
Unfortunately, ISDS awards have followed inconsistent approaches to the issue. On…
Compare for instance the awards in Metalclad v Mexico(235)…
Whilst only a handful of recent awards have found regulatory measures to amount to…
To distinguish actions that amount to a breach of the standard from a legitimate…
Certain investment agreements have gone even further by omitting the “except in rare…
“Consistent with the right of states to regulate and the customary international law principles on police powers, bona fide regulatory measures taken by a Member State that are designed and applied to protect or enhance legitimate public welfare objectives, such as public health, safety and the environment, shall not constitute an indirect expropriation under this Article.”(246)…
While a few second-generation treaties, like the ones mentioned above, have attempted…
