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March 26, 202612 citations

Economic Sovereignty and International Investment Arbitration in the Era of Sanctions: Trends and Challenges of a Multipolar Legal Order

DBDmitry Semenovich Belkin

Key Points

  • The analysis aims to explore the interplay between economic sovereignty and international investment arbitration amidst sanctions.
  • Examine doctrinal approaches to sovereign economic prerogatives.
  • Discuss the role of public interests in State regulatory measures.
  • Identify legal risks related to regulatory posture and indirect expropriation.
  • Highlight conditions for reconciling State regulations with investor protections.
  • Legal certainty, non-discrimination, and due process are crucial for balancing State regulatory power and investor rights.
  • Sanctions have intensified disputes over indirect expropriation and increased investment controversies.
  • Coherent doctrinal guidelines are necessary to stabilize the investment regime while ensuring public policy goals are met.

Abstract

The article analyses the relationship between a State’s economic sovereignty and the mechanisms of international investment arbitration under the pressure of sanctions and in the context of an evolving multipolar legal order. It outlines doctrinal approaches to sovereign economic prerogatives and explains the role of public interests as a legal basis for State regulatory measures affecting investment relations. Particular attention is paid to legal risks arising from an intensified regulatory posture, including disputes over the qualification of certain measures as indirect expropriation and the resulting increase in investment-related controversies. The study emphasises legal certainty, non-discrimination, and due process safeguards as key conditions for reconciling a host State’s regulatory space with investors’ legitimate expectations of legal protection. It concludes by identifying the need for more coherent doctrinal and normative guidelines capable of maintaining the stability of the investment regime while preserving the State’s capacity to protect economic security and other public policy objectives.

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Cite This Study

Dmitry Semenovich Belkin (2015) studied this question.

synapsesocial.com/papers/69c4cc02fdc3bde4489174fahttps://doi.org/10.64457/ru-science-2015-i05-a03
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