Framing the right to regulate in the public interest in international economic law

• Autor(a) principal: Sato, Nathalie Suemi Tiba
• Data de Publicação: 2019
• Tipo de documento: Tese
• Idioma: eng
• Título da fonte: Biblioteca Digital de Teses e Dissertações da USP
• Texto Completo: https://www.teses.usp.br/teses/disponiveis/2/2135/tde-14082020-112014/
• topic: Acordos de Investimentos Internacional; Agreements; Critérios de revisão; Direito a regular; International Investment; Organização Mundial do Comércio; Right to regulate; Standards of review; World Trade Organization

The thesis assesses the limits and possibilities for the legal framing of the right to regulate in the International Economic Law domain, taking into account the international investment and trade regimes as the main loci for manifestations of this legal institution. Initially, the right to regulate in the public interest is placed on the different paradigms of International Economic Law over time. After elucidating the main features of the current paradigm, the methodological approach of the present work is presented. Taking into account the literature on the right to regulate in the public interest at the World Trade Organization (WTO) and at the International Investments Agreements (IIAs), as well as some treaties and cases, the present work sustain that specific factors to international trade law and international investment law may influence the adoption of a standard of review. Moreover, it argues that, where the standard of review is not clear, which one the adjudicator will choose will depend on his perception of the nature of the regime and her role in it. Finally, the work provides a framework for the framing of the right to regulate in international economic law from a pluralist public international law view, contrasting it with standards of review of cases from the WTO Dispute Settlement Body and arbitral tribunals arising from IIAs, where domestic regulatory measures have been adjudged.