General Exception Safeguards Host States Regulation Right Essay

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International investment law distinction paper model answer required for the following questions, 1000 words for each, OSCOLA referencing. (the work is needed tomorrow before 12PM UK time please, I can't get an extension)

Instruction for writer: The 2005 UK model BIT required to solve question 2 is attached in this email.

Question 1: “The best way to safeguard the host State’s right to regulate is for future investment treaties to include ‘general exception’ provisions styled on the basis of Article XX GATT”

Critically discuss this statement

Tags: international investment regime comprehensive trade attracted significant public attention unlawful appropriation general exception to future investment treaties

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General Exception Safeguards Host State’s Regulation Right

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General Exception Safeguards Host State’s Regulation Right
Introduction
According to recent researches, the international investment regime is going through
an unprecedented surge in public attention. A significant example is a debate on the
conclusion of the Canada-European union comprehensive trade and investment agreement. In
German, this, together with other agreements, has attracted significant public attention,
unique in the investment treaty-making history. The leading civil society’s concern is that the
international investment agreement unduly limits the host’s states’ right to regulate public
interest. The problem has not just occurred recently, but it has been happening for a while due
to upsurging investment complexity disputes. Though the initial IIAS’ focus was to safeguard
the State against unlawful appropriation, nowadays, foreign investors use it to challenge the
host states’ regulatory policies. As per the research, the best way to protect the host state’s
right to regulate is to include a general exception to future investment treaties.
Why General exception is best in protecting host state’s regulation right
The general exception clause intends to relieve the host states treaty liability for
suitable faith measures to pursue the public welfare objectives. There are two distinct general
exception models in international investment agreement; one set to follow article XX of the
GATT, and the other modelled on article XIV on the GATS 1. The IIAs reference the two
provisions and comprise a custom-t...

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