State Liability for Regulatory Change: How International Investment Rules are Overriding Domestic Law
With governments around the world pushing efforts to negotiate and approve mega-investment treaties, it is important to be clear on just what these investment treaties do and do not mean. One issue that is increasingly apparent is that investment treaties are not merely tools to provide protections against abusive regimes and egregious conduct, but are mechanisms through which a small and typically powerful set of private actors can change the substantive content of the law outside the normal domestic legislative and judicial frameworks.
Lise Johnson & Oleksandr Volkov,
State Liability for Regulatory Change: How International Investment Rules are Overriding Domestic Law,
IISD Investment Treaty News
Available at: https://scholarship.law.columbia.edu/sustainable_investment_staffpubs/139