A Study on the Coordination between Public Interest and Investment Protection under International Investment Law

2016 Fiscal Year Final Research Report

• Project/Area Number: 26380064
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Multi-year Fund
• Section: 一般
• Research Field: International law
• Research Institution: Hokkaido University
• Principal Investigator: ITO Kazuyori 北海道大学, 公共政策学連携研究部, 准教授 (00405143)
• Project Period (FY): 2014-04-01 – 2017-03-31
• Keywords: 投資協定 / 投資仲裁 / 公益 / 収用 / 比例原則 / 国際投資

Outline of Final Research Achievements

There have been general concerns about the erosion of State regulatory power through the ever-increasing international investment agreements. However, this research has revealed that these concerns are not based on a trend in the latest decisions of investment arbitration, where some legal principles suitable for coordinating investment protection and other public interests have developed. In particular, a number of tribunals have relied on the principle of proportionality, which has originally evolved in domestic constitutional lawsuits. Based on these examinations, we can now reach more accurate view on how far the government regulatory powers would be constrained when they conclude international investment agreements.

Free Research Field

国際法学