Investment arbitration liability insurance: a possible solution for concerns of a regulatory chill?

In: https://doi.org/10.7916/D8PZ6S0P

Abstract

Regulatory chill, a key tension between international investment agreements (IIAs) and democratic governance, could be dealt with by creating liability insurance for governments. Existing government insurance programs provide helpful guidelines for an investment arbitration liability insurance that could protect governments' policy space while maintaining the protection IIAs provide to investors.