Jump to Content Jump to Main Navigation

Regulatory Expropriation Claims in International Investment Arbitrations: A Bridge Too Far?

Alessandra Asteriti

From: Investment Claims (http://oxia.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved. date: 14 November 2024

Subject(s):
Expropriation — Claims

This chapter analyzes how the investment legal regime accommodates exogenous environmental and sustainable development demands through the legal tools at its disposal by examining how tribunals respond to claims of regulatory expropriation. It considers U.S. and European experiences in regulatory expropriation claims in order to ascertain if there is any value in a comparative approach from which international investment law can learn useful lessons on how to deal with similar claims. It then shows how some investment tribunals have either adopted the ad hoc balancing characteristic of the United States Supreme Court's approach to regulatory takings claims, or have attempted the proportionality analysis derived from European constitutional traditions.

Users without a subscription are not able to see the full content. Please subscribe, or log in via the Sign in panel on the left of this screen to access all subscribed content.