Signatory States have the right to take action in order to maintain
their financial stability, stimulate economic development or
further their non-economic interests (such as health, the
environment and food security). However, such measures can
potentially conflict with the rights of foreign investors.
Regulators and policy makers must take States' international
commitments toward foreign investors into account when making
decisions. They must also avoid resorting to protectionism in
drafting new treaties. With this tension in mind, this book offers
a balanced reappraisal of bilateral treaties and regional
agreements on foreign investments. The sensitive issues are
examined in the light of the case law of arbitral investment
tribunals and other international courts, and the analysis
highlights how cross-fertilisation between trade and investment can
assist in resolving conflicts.
General
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