Hungarian Yearbook of International Law and European Law

Article

Investment Arbitration and the Public Interest

Keywords BIT, ILA, ISDS, unclean hands, regulatory chill
Authors Gábor Hajdu
Author's information

382477 Gábor Hajdu
Gábor Hajdu: PhD student, University of Szeged.
  • Abstract

      The study focuses on analyzing conflicts between (international) investment arbitration and the public interest, dividing its contents into five substantive sections. First, it summarizes the common characteristics of international investment arbitration (distinguishing procedural and substantive elements), followed by its most pressing issues (including frequent criticism such as lack of consistency, asymmetrical proceedings, regulatory chill, etc.). Afterwards, selected investment arbitration cases are examined, grouped based on which areas of public interest they affected (environmental protection, employee rights, public health). These cases all hold relevance and offer different insights into the workings of investment arbitration, which serve to illuminate the complex interplay between foreign investor and public interest. The cases also provide the foundation for the study’s conclusions, where key observations are made on the central subjects.

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