Essays about: "state’s right to regulate"

Showing result 1 - 5 of 24 essays containing the words state’s right to regulate.

  1. 1. Investor’s Legitimate Expectations v State’s Regulatory Power - In Spanish Renewable Energy Saga Context

    University essay from Lunds universitet/Institutionen för handelsrätt

    Author : Ana Maglaperidze; [2023]
    Keywords : international investment law; fair and equitable treatment; legitimate expectations; special representations; due diligence; state’s right to regulate; regulatory objectives; Spanish Renewable Energy Saga; economic crisis; national security; absolute stability; relative stability; balancing exercise; proportionality principle; Law and Political Science;

    Abstract : International investment law affords treaty protection mechanisms to investors against host states’ misconduct. One such tool available for investors is the fair and equitable treatment standard and its dominant element – legitimate expectations. READ MORE

  2. 2. Make America Green Again: Understanding Trumpism as it Relates to Environmental Injustice Legislation

    University essay from Lunds universitet/Internationella miljöinstitutet

    Author : Brooke Moore; [2023]
    Keywords : Trumpism; Environmental Justice; Environmental Legislation; Framing Analysis; Earth and Environmental Sciences; Law and Political Science;

    Abstract : The United States is witnessing the emergence of what has popularly been coined Trumpism – a new conservatism inspired by the administration of Donald J. Trump, however, extending beyond to other far-right politicians. READ MORE

  3. 3. Regulating under IIAs - An Analysis of the Balance of the State’s Right to Regulate and Expropriation

    University essay from Lunds universitet/Institutionen för handelsrätt

    Author : Alexander Gyllenstierna; [2022]
    Keywords : International investment agreements; the state’s right to regulate; expropriation; sustainable development; Law and Political Science;

    Abstract : States or regions conclude IIAs to protect and promote foreign investments, among other things, by prohibiting states’ from ‘taking’ or adopting measures equivalent to ‘taking’ the foreign investors’ property, known as expropriation. However, the state needs regulatory space, but how much is unclear and controversial. READ MORE

  4. 4. A system of weightlessness – Applying the EU general principle of proportionality to secure fundamental rights protection under contemporary EU investment agreements

    University essay from Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

    Author : Pontus Andersson; [2022]
    Keywords : international investment law; public international law; EU law; comparative law; fundamental rights; proportionality; CETA; fair and equitable treatment; right to regulate; Law and Political Science;

    Abstract : At the heart of modern investment law it has since long resided a conflict between extensive investment protection norms and public policy interests of host states. After receiving exclusive competence to conclude international investment agreements governing this interrelation, the EU has tried to cater for those latter objectives through the design of these agreements. READ MORE

  5. 5. Determining the Extent of Procedural Safeguards in Expulsion Proceedings – A Study of the Scope and Compatibility of the Guarantees Set Out in Article 1 of Protocol No. 7 ECHR

    University essay from Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

    Author : Anna Karlsson; [2021]
    Keywords : Public international law; aliens; expulsion; procedural protection; ECHR; European Convention on Human Rights; procedural safeguards; Muhammad and Muhammad v. Romania; national security; public order; due process; sovereignty; critical legal positivism; Tuori; the margin of appreciation; ECtHR; European Court of Human Rights; Law and Political Science;

    Abstract : It is the sovereign prerogative of the state to regulate the presence of aliens within its territory. This right, however, is not without limits. Article 1 of Protocol No. 7 to the European Convention on Human Rights ensures procedural safeguards relating to the expulsion of aliens. READ MORE