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The Quest for Policy Space in a New Generation of International Investment Agreements

  • Suzanne A. Spears
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    One of the most important challenges facing the international investment law regime today is how to strike a balance between principles regarding the protection and promotion of foreign investment on the one hand and principles regarding the protection of society and the environment on the other. A number of states have made significant progress towards meeting that challenge by adding interpretive provisions, general exceptions clauses and new preambular language to a new-generation of international investment agreements (IIAs). If the serious substantive and procedural questions they raise can be answered satisfactorily, these new treaties may go a long way towards saving the international investment law from the legitimacy crisis it is currently experiencing. Oxford University Press 2010, all rights reserved, Oxford University Press.

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    File URL: http://hdl.handle.net/10.1093/jiel/jgq048
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    Article provided by Oxford University Press in its journal Journal of International Economic Law.

    Volume (Year): 13 (2010)
    Issue (Month): 4 (December)
    Pages: 1037-1075

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    Handle: RePEc:oup:jieclw:v:13:y:2010:i:4:p:1037-1075
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