CEU Electronic Theses and Dissertations, 2017
| Author | Batyrova, Dinara |
|---|---|
| Title | Regulatory expropriation in the jurisprudence of icsid arbitral tribunal |
| Summary | Regulatory expropriation is an uncertain concept that raised wide discussions in international investment law regarding determining the compensable and non-compensable regulatory measures and balance of investors’ interests and States’ interests. Practice of arbitral tribunals is contradictory and does not provide for clear distinction between such measures. There have been developed two approaches to determine compensable and non-compensable regulatory measures which are the sole effect doctrine and police powers doctrine. Analysis of the case law, arbitral tribunals’ practice and scholarly writings and critical assessment of these two approaches revealed numerous shortcomings. This thesis is limited to ICSID cases. For the more comprehensive and balanced approach in determining the regulatory expropriation these two approaches shall be used both. Analysis showed that it is problematic to provide for clear and distinct criteria for expropriatory and non-expropriatory regulatory measures. It is suggested that the States shall provide for qualifying or exceptional criteria of indirect expropriation in investment treaties to avoid uncertainty and broad interpretation by arbitral tribunals. |
| Supervisor | Petsche, Markus |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2017/batyrova_dinara.pdf |
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