Who cares about regulatory space in BITs? A comparative international approach

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Who cares about regulatory space in BITs? A comparative international approach

Professor Tomer Broude

Abstract: Regulatory space has become one of the buzzwords of the debate on international investment law. Critics claim that investment law unduly narrows states’ regulatory space. Proponents contend that claim. The lecture will analyze state sensitivity to constraints on regulatory space in a comparative perspective, on the basis of quantitative analysis of BIT renegotiation.

Tomer Broude is the Vice-Dean and Sylvan M. Cohen Chair in Law at the Hebrew University of Jerusalem. He specializes in public international law and international economic law, particularly international trade and investment, human rights, dispute settlement, development and cultural diversity. During 2007-09, he served as co-chair of the International Economic Law Interest Group of the American Society of International Law. He is one of the founders of the Society of International Economic Law and a member of its executive council. He was a member of the International Law Association's Committee on the Law of Sustainable Development. In 2011, following a nomination by the Israeli Government, the WTO's Dispute Settlement Body added him to the indicative list of governmental and nongovernmental panelists to hear WTO disputes. In 2013 he was appointed to the list of Israeli arbitrators under the Israel-MERCOSUR Free Trade Agreement. He has also worked with the WTO's Institute for Training and Technical Cooperation, training government officials from Central and Eastern Europe and Central Asia in WTO law, and regularly consults governments, corporations and nongovernmental organizations.