Who Cares about regulatory space in BITs? A comparative international approach

Tomer Broude, Yoram Z. Haftel, Alexander Thompson

Research output: Chapter in Book/Report/Conference proceedingChapterpeer-review

8 Scopus citations

Abstract

Regulatory space has become one of the buzzwords of the debate on international investment protection law. Critics claim that investment law unduly constrains states’ regulatory space. Proponents contest that claim. This chapter analyzes state sensitivity to constraints on regulatory space from a comparative perspective, on the basis of quantitative analysis of textual coding of investor-state dispute settlement provisions in renegotiated bilateral investment treaties. The chapter is comprised of six sections. Section I is an introduction covering the impact of investor-state dispute settlement on state regulatory space. Section II discusses bilateral treaty-making and comparative international law research. Section III describes the comparative landscape of renegotiated BITs, and Section IV provides a comparative BIT content analysis and SRS. Section V sets forth a comparative empirical analysis of ISDS provisions. Section VI presents conclusions.

Original languageAmerican English
Title of host publicationComparative International Law
PublisherOxford University Press
Pages527-546
Number of pages20
ISBN (Electronic)9780190697570
DOIs
StatePublished - 1 Jan 2018

Bibliographical note

Publisher Copyright:
© Anthea Roberts, Paul B. Stephan, Pierre-Hugues Verdier, Mila Versteeg 2018.

Keywords

  • Bilateral investment treaties
  • International economic law
  • Investment
  • Renegotiation
  • Treaty law

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