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WALLESS Partner dr. Simona Drukteinienė Contributed to Writing the Paper “Limits of State Regulatory Power in Investment Law and Under National Legislation: Search for Common Denominator”

2020 12 08

We are pleased to share that the paper “Limits of State Regulatory Power in Investment Law and Under National Legislation: Search for Common Denominator” written by WALLESS partner dr. Simona Drukteinienė, together with prof. dr. Solveiga Palevičienė was published.

The paper stresses that investment cases against developing and developed countries have significantly increased in the past years, leading to frequent investors’ attempts to challenge States’ sensitive and political decisions.

The goal of this article is to point out the main rules applicable to the limits of a State’s regulatory changes impacting on investors’ rights and legitimate expectations in investment law and under national legislation, by analyzing whether it is possible to find a just and reasonable balance between the investors’ legal expectations and the State’s right to regulate.

The analysis of national legislation and investment law showed that there is no one undisputable threshold/formula applicable in all types of situations, neither in national law nor investment law. Yet, in both – national and investment law – there is the possibility of finding a common dominator.

Read the full paper here.

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