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A chilling effect? Are international investment agreements hindering government’s regulatory autonomy?

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  • Cote, Christine

Abstract

The plain packaging of tobacco products, the disposal of hazardous waste and the management of toxic chemicals are all areas of health, safety and environmental (HSE) regulations which have faced legal challenges by private corporations under international investment agreements (IIAs) using the unique investor state dispute settlement (ISDS) provisions.This article exploresthe contention that these provisions are having a chilling impact on the regulatory autonomy of governments, and argues against that thesis, showing how in the Canadian context, despite numerous NAFTA Chapter 11 challenges, regulators are generally not aware of the existence of IIAs or of the potential threat of an ISDS challenge and rarely take them into account when developing regulations.

Suggested Citation

  • Cote, Christine, 2018. "A chilling effect? Are international investment agreements hindering government’s regulatory autonomy?," LSE Research Online Documents on Economics 108406, London School of Economics and Political Science, LSE Library.
    • Handle: RePEc:ehl:lserod:108406
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    References listed on IDEAS

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    More about this item

    Keywords

    bilateral investment treaties; Canada; environmental protection; investment agreements; investor-state arbitration; regulation;
    All these keywords.

    JEL classification:

    • R14 - Urban, Rural, Regional, Real Estate, and Transportation Economics - - General Regional Economics - - - Land Use Patterns
    • J01 - Labor and Demographic Economics - - General - - - Labor Economics: General

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