tag - Legal Wires
What is the Doctrine of Regulatory Taking in International Investment Law?
lex-o-pedia

What is the Doctrine of Regulatory Taking in International Investment Law?

The regulatory taking doctrine in international investment law mandates compensation when state regulations significantly impact investments, even without formal expropriation, balancing sovereign regulation and investor protection.
What is the Doctrine of Regulatory Taking in International Investment Law?
lex-o-pedia
Harish Khan
What is the Doctrine of Regulatory Taking in International Investment Law?
The regulatory taking doctrine in international investment law mandates compensation when state regulations significantly impact investments, even without formal expropriation, balancing sovereign regulation and investor protection.
Case Study: Saipem S.p.A. v. The People’s Republic of Bangladesh
case-study
Harish Khan
Case Study: Saipem S.p.A. v. The People’s Republic of Bangladesh
In Saipem S.p.A. v. Bangladesh, ICSID ruled that judicial interference leading to loss of contractual rights is indirect expropriation. This case broadened protection for foreign investors under international investment law.
What is the Doctrine of Regulatory Taking in International Investment Law?
Regulatory Taking
Harish Khan
What is the Doctrine of Regulatory Taking in International Investment Law?
The doctrine of regulatory taking in international investment law ensures compensation when state regulations significantly impact foreign investments, even without formal expropriation. Balancing sovereign regulation and investor rights remains a key challenge.
What is Fair and Equitable Treatment in International Investment Law?
lex-o-pedia
Harish Khan
What is Fair and Equitable Treatment in International Investment Law?
Fair and Equitable Treatment (FET) ensures stability, transparency, and non-discrimination in investment law. It protects investors' legitimate expectations and prevents arbitrary actions. Its evolving interpretation impacts global investment disputes and treaty practices.
What is an Umbrella Clause?
lex-o-pedia
Harish Khan
What is an Umbrella Clause?
An umbrella clause in investment treaties mandates host states to honor commitments related to investments, elevating breaches of local obligations to international disputes. It enhances investor protection, though its scope and applicability remain debated in arbitration.
What is Model India Bilateral Investment Treaty (2016)?
lex-o-pedia
Harish Khan
What is Model India Bilateral Investment Treaty (2016)?
The Model India BIT (2016) redefines India’s investment treaty framework, balancing investor protection with state sovereignty. It introduces clear investment definitions, excludes MFN clauses, limits ISDS, and prioritizes regulatory autonomy, addressing earlier flaws.