Recent Trends in Investment Arbitration on the Right to Regulate, Environment, Health and Corporate Social Responsibility: Too Much or Too Little?

Development summary

The article examines developments in international investment agreements concerning States’ right to regulate in the public interest and provisions on environment, health and corporate social responsibility. Its analysis of agreements concluded from 2018 to 2020 finds that treaty language has evolved to protect and expand regulatory autonomy, and concludes that investor-State dispute settlement remains a framework for integrating these obligations into investment law.