The Right to Regulate of Developing Countries in International Investment Law
ISBN:
978-3-428-19696-8
Verlag:
Duncker & Humblot
Land des Verlags:
Deutschland
Erscheinungsdatum:
05.05.2026
Reihe:
Beiträge zum internationalen Handels- und Wirtschaftsrecht
Format:
Softcover
Seitenanzahl:
417
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In times of rising geopolitical tensions, resource competition and increased government interventions in the economy: How can developing countries safeguard their right to regulate and yet offer adequate investment protection? Should this right be interpreted differently in light of their level of development and specific circumstances?This book shows that international investment law does not recognise a development-based right to regulate as such. Nonetheless, arbitral tribunals may consider contextual factors – such as economic crises, political transition, and limited regulatory capacity – when interpreting standards like fair and equitable treatment and indirect expropriation as well as the right to regulate. Against this background, the study analyses how the right to regulate can be incorporated into international investment agreements for tribunals to consider such contexts without undermining legal certainty.
Biografische Anmerkung
Thomas Dromgool studied law with a focus on international and European law in Freiburg, Aix-en-Provence (France), and Münster. After passing his first state examination, he worked as a researcher in international economic law in Dresden from 2013. In 2018, he passed his second state examination at the Berlin Court of Appeal. He then worked as a lawyer and in-house counsel in Munich. In 2022, he joined the Foreign Service. After completing his attaché training, he was assigned to the Criminal Law Division of the Federal Foreign Office in 2023. Since 2025, he has been working at the German Embassy in Kyiv (Ukraine). In the same year, he received his doctorate from the University of Freiburg.