AUTONOMY TO SET THE LEVEL OF REGULATORY PROTECTION IN INTERNATIONAL INVESTMENT LAW

Abstract This article argues that State autonomy in setting the level of protection for permissible regulatory aims can be better operationalised investment treaty regime. The draws on comparative insights from WTO law, where it is established members have right to determine aims, although significant disciplines are placed means used achieve those aims. It then argued treaties are, properly interpreted, consistent with idea States retain Finally, proposes removing fair and equitable treatment indirect expropriation standards proportionality balancing stricto sensu , as this undermines protection. Overall, a partial reorientation which non-discriminatory measures pursue aim, including at particular level, should not amount breach uses involve least possible restriction competing interests protected by relevant obligations.