Towards a conceptualisation of the regulatory autonomy and the public interest in international investment law

Man, Amy

Abstract

The intersectionality between international investment rules and socio-economic development is a site of academic debate. While, scholars aptly assert that international investment law needs to take account of the public interest within the host State, the link with socio-economic development is not always clear. There are also further academic debates surrounding the investment law framework and whether it allows for flexibility for host states to maintain their regulatory autonomy. Emerging economies such as Brazil and South Africa have openly objected to the current paradigm within international investment law, particularly in regard to the legitimacy of the investor-state dispute settlement system. Indeed, the preservation of the regulatory autonomy is one of the reasons of resistance cited by these developing economies.

• Presentation Conference Type: Conference Paper (unpublished)
• Conference Name: BISA International Law and Politics: International Law Under Pressure
• Start Date: Nov 19, 2018
• End Date: Nov 19, 2018
• Acceptance Date: Nov 19, 2018
• Publicly Available Date: Jun 7, 2019
• Peer Reviewed: Not Peer Reviewed
• Public URL: https://uwe-repository.worktribe.com/output/856980
• Additional Information: Title of Conference or Conference Proceedings : BISA International Law and Politics: International Law Under Pressure