The Police Powers Doctrine: Balancing Regulatory Chill with Rising Temperatures

K. Melville
Melville, Kyle

Article from: TDM 4 (2023), in Roundup of Articles

Executive Summary

The Police Powers doctrine has raised conflicting opinions regarding the balance between investor protection and State's regulatory action, which done in the public's interest. While the Police Powers doctrine is, of course, not the only means of protection afforded to States to avoid liability, the doctrine's entrenchment in treaties and its specific application in recent cases showcases its ability to afford adequate protection to States while ensuring that the purpose behind investment treaties is not negated. What is clear, through the case analysis in the paper, is that tribunals ...

To read this article you need to be a subscriber

Sign in

Forgot password?

Sign in

Subscribe

Fill in the registration form and answer a few simple questions to receive a quote.

Subscribe now

Why subscribe?

TDM journal

Access to TDM Journal articles (well over 2500 articles in total for Premium account holders)

Legal & regulatory

Access to Legal & Regulatory data (well over 10000 documents)

OGEMID

OGEMID membership (lively discussion platform bringing together the world's international dispute management community)

Suggested Citation

K. Melville; "The Police Powers Doctrine: Balancing Regulatory Chill with Rising Temperatures"
TDM 4 (2023), www.transnational-dispute-management.com

URL: www.transnational-dispute-management.com/article.asp?key=3024