The Right to Regulate in International Economic Law : Towards a General Theory with Lessons from the GATS

Abstract

This book presents a comprehensive study of the right to regulate in international investment law and international trade law, with a focus on its growing recognition in modern treaties such as IIAs and RTAs. The ongoing convergence of these fields creates fertile ground for developing a general theory of this concept within international economic law. The study explores the feasibility of such a theory, placing particular emphasis on the often overlooked yet critical developmental dimension of the right to regulate, as evidenced by the GATS and its negotiating history. This analysis aims to provide scholars, practitioners, and policymakers with valuable insights for navigating complex regulatory issues. It also invites deeper reflection on how the right to regulate can evolve beyond its current role, potentially shaping future developments in international economic law.