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Articles of this type take one of two forms when they appear in investment agreements…
a) The Norway Model BIT Formulation…
Article 12 of Norway Model BIT, which is expressly entitled ‘right to regulate’,…
“Nothing in this Agreement shall be construed to prevent a Party from adopting, maintaining or enforcing any measure otherwise consistent with this Agreement that it considers appropriate to ensure that investment activity is undertaken in a manner sensitive to health, safety, human rights, labour rights, resource management or environmental concerns”.(348)…
At first glance, this article appears to be extremely broad in its scope. It allows…
A through reading of the article however reveals that it does not in reality imbue…
This chapter argues that the utility of the article is that it allows states to inform…
b) The EFTA-Hong Kong FTA Formulation…
A few investment agreements that contain an article titled ‘right to regulate’ use…
“Nothing in this Chapter shall be construed to prevent a Party from adopting, maintaining or enforcing any measure consistent with this Chapter that is in the public interest, such as measures to meet health, safety or environmental concerns and reasonable measures for prudential purposes.”(356)…
While such a formulation, in comparison to the one exemplified by Article 12 of Norway’s…
