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PART VII INVESTMENT LAW AND OTHER FIELDS, 36 HARMONIZING INVESTMENT PROTECTION AND INTERNATIONAL HUMAN RIGHTS: FIRST STEPS TOWARDS A METHODOLOGY

Bruno Simma, Theodore Kill

From: International Investment Law for the 21st Century: Essays in Honour of Christoph Schreuer

Edited By: Christina Binder, Ursula Kriebaum, August Reinisch, Stephan Wittich

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 09 May 2021

The exponential increase both in the number of international agreements relating to foreign investment1 and in investor-State arbitration has placed arbitral tribunals at the intersection of ever more complex legal and policy questions. In adjudicating a dispute, tribunals often must gauge the compliance vel non of host-State regulations enacted to address legitimate policy concerns with the host-State's obligations under a particular investment treaty. In some cases, the policy motivation behind a regulation will be grounded in, or overlap with, the promotion and...
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