Regulatory Freedom and Investment Treaty Arbitration

This book provides a comprehensive analysis of regulatory freedom of States in international law and investigates the interaction of regulatory freedom with treatment standards contained in investment treaties. Regulatory freedom is a rule of customary international law that need not be asserted solely based on treaty provisions. The requirements of regulatory freedom: bona fide, public interest and non-discrimination once cumulatively met do not overlap with treatment standards, thus excluding the possibility of a State being found responsible for breach of investment treaties.