La tutela degli Investimenti Diretti Esteri (IDE) tra interessi di natura contrapposta

Based on the analysis of the legitimacy crisis which has recently affected the regime protection of foreign direct investment, this thesis examines the ongoing trends aimed at establishing a balance between the conflicting economic interests of investors and the general interests of host States. Starting with a description of the socio-economic context from which this regime originated, the paper outlines its defining characteristics and highlights the asymmetries that have led to the legitimacy crisis within the system. The dissertation then focuses on an analysis of how States reserve regulatory discretion in order to protect general interests, paying particular attention to expropriation measures. The final part deals with the right to regulate, that is the States’ right to adopt measures in their general interest which, although causing prejudice to investors’ rights, excludes the obligation to provide compensation.