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Summary and key findings insummary:"conflict of interest"
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Climate TagsSovereign right to regulate
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  • This report by the International Institute for Sustainable Development (IISD) examines the legal complexities of 'indirect expropriation' in international investment law. It analyzes how the lack of a precise definition in treaties allows arbitral tribunals to apply varying criteria—such as the 'sole effect doctrine' or proportionality—which can conflict with a state's sovereign right to regulate for the public interest, including health, environment, and human rights.

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    Themes: environmental regulationsovereign right to regulate
    International Institute for Sustainable Development

    Document type: Report

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