Introduction

An increasing number of international investment treaties include non-regression clauses in their provisions. Addressed to the host state, those clauses essentially prevent it from pushing back on its commitments to ensure minimum safeguards to certain non-economic interests (such as the protection of the environment). Practically, these treaty mechanisms prohibit the host state from relaxing different forms of protection (legislative, regulatory, or administrative) of a covered non-economic interest in order to attract foreign investment. While not new, conceptually, ...