Das Recht auf gesundheitliche Regulierung im Investitionsschiedsverfahrensrecht

Conflicts and tensions frequently arise between public regulatory interests and investment protection, especially in the area of global health law. Which requirements must a host state observe in order to avoid liability before an investment arbitration tribunal for violation of both the prohibition on expropriation and the fair and equitable treatment standard when introducing health regulations? This thesis examines the framework for national regulations under public international law, on the basis of the verdict in the Philip Morris v Uruguay case. In doing so, it examines the areas of worker protection, environmental health, alcohol consumption and food health exemplarily. The analysis concludes that restrictions on national leeway in this respect through regulations in the public interest are less intrusive than often assumed.