The Right to Regulate vs Investment Protection: Unveiling the Causes of Imbalance and the Limits of Current Reform Efforts in International Investment Law

Development summary

Berfu Beysulen Angin’s article, published in ICSID Review - Foreign Investment Law Journal, examines the tension between the right to regulate and investment protection within investor-State dispute settlement. It identifies three causes of imbalance—insufficient understanding and use of the public interest, the absence of universal and systematic evaluative criteria, and a lack of legal certainty and predictability—and concludes that current reform efforts do not adequately address them.