Police Powers Doctrine and International Investment Law

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TitrePolice Powers Doctrine and International Investment Law
Type de publicationBook Chapter
Year of Publication2018
AuteursTiti C
EditorGattini M, Tanzi A, Fontanelli F
Book TitleGENERAL PRINCIPLES OF LAW AND INTERNATIONAL INVESTMENT ARBITRATION
Series TitleNijhoff International Investment Law Series
Volume12
Pagination323-343
PublisherBRILL NIJHOFF
CityPO BOX 9000, LEIDEN, 2300 PA, NETHERLANDS
ISBN Number978-90-04-36838-5; 978-90-04-36837-8
ISBN2351-9592
Résumé

Disagreement is endemic to the study of concepts so fluid and elusive as the state's police powers. According to the so-called police powers doctrine, a measure that falls within the state's police powers resulting in loss of property does not constitute an indirect expropriation, and, accordingly, does not give rise to an obligation to compensate. Despite the apparent propinquity of the state's police power to its police force, the two are not coterminous. As Adam Smith pertinently remarked in his Lectures on Justice, Police, Revenue and Arms, the word `police' `is originally derived from the Greek pi o lambda i tau epsilon i alpha [politeia], which properly signified the policy of civil government'. The chapter explores the police powers doctrine in international investment law and inquires into its status as a general principle of law, as customary international law or as a concept displaying a different kind of timbre, `an eminently interpretative operation' that belongs to the sphere of arbitral discretion.

DOI10.1163/9789004368385_015