Journal article
PROTECTING FOREIGN INVESTMENT AND PUBLIC HEALTH THROUGH ARBITRAL BALANCING AND TREATY DESIGN
- Abstract:
- AbstractThis article analyses the fraught relationship between host States’ obligations under investment agreements and their regulatory powers in the field of public health. First, tribunals addressing the merits of health measures have exercised considerable deference to States under existing treaties. Second, the recent generation of treaties spells out health considerations to encourage respondents or tribunals to adopt broad interpretations of the right to regulate, general exceptions, or article-specific carve-outs. Clauses modelled on GATT exceptions may prove difficult to invoke due to the ‘necessity’ threshold. Finally, the Kyoto Protocol may serve as a model of incentivising private investment in the public health sector.
- Publication status:
- Published
- Peer review status:
- Peer reviewed
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(Preview, Version of record, pdf, 498.0KB, Terms of use)
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- Publisher copy:
- 10.1017/s0020589321000488
Authors
+ Norges Forskningsråd
More from this funder
- Funder identifier:
- 10.13039/501100005416
- Grant:
- Centres of Excellence funding scheme (nr 223274)
- Publisher:
- Cambridge University Press
- Journal:
- International & Comparative Law Quarterly More from this journal
- Volume:
- 71
- Issue:
- 1
- Pages:
- 139-182
- Publication date:
- 2022-01-28
- DOI:
- EISSN:
-
1471-6895
- ISSN:
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0020-5893
- Language:
-
English
- Keywords:
- Pubs id:
-
1914207
- Local pid:
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pubs:1914207
- Source identifiers:
-
W4210357432
- Deposit date:
-
2026-06-09
- ARK identifier:
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- Copyright date:
- 2022
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