Police powers doctrine vs indirect expropriation in a new world era - Creating a practical balance between the state’s right to regulate and investor protection in the global energy transition
This thesis examines recent years’ unresolved conflicts on the state’s right to regulate and the protection of foreign investors in ‘climate blind’ energy agreements, such as the Energy Charter Treaty. One of the primary disputes among them is the vague language of indirect expropriation in traditional International Investment Agreements (IIAs), which mostly favours investor protection. While IIAs
