The evolution of the legislative reactions of a number of States with respect to indirect expropriation clauses reflects the desire and efforts of sovereign states: 144 Apart from Article 4 of Appendix 2 of the CFIA and Article 2 paragraph 8 of the COMESA investment agreement, the aforementioned expropriation annexes correspond to the differentiated approach of the doctrine of police power145, on the basis of which corresponds to the general presumption of regulatory power of host states, although "in rare cases". In addition, a striking feature in all the ILO models mentioned, 146 Widely formulated indirect expropriation clauses have the deterrent effect of indirect expropriation claims on the public policies of States, which may be attributed to States on the one hand because of the wording of their indirect expropriation clauses and investor-state arbitrators, on the other hand, their inability to comply with a particular method of identifying indirect expropriation. As a result, this document calls on states to formulate an effective and unequivocal legislative response. Therefore, it is not surprising to observe elements of profitability in a host country`s response to these requests. The decision of host Member States to give priority to non-economic or economic interests may depend on their security in determining the dispute and their economic prosperity. If the uncertainty in the public procurement of state-owned investor courts "is linked to financial risk, the threat of an investment dispute may lead states to "reverse, modify or not implement" their policies.55 Martin Dietrich Coutume, the exhaustion of local remedies in international investment law, IISD Best Practices Series, IISD, 2017, 24 ; See also, Generation Ukraine Inc/Ukraine, price of 16 September 2003, case CISID no ARB/00/9; Emilio Agustén Maffezini/The Kingdom of Spain, price of 13 November 2000, case CISID no ARB/97/7; Nykomb Synergetics Technology Holding AB/Republic of Latvia, SCC, 2003 ; Waste Management Inc v. Mexico (II), price of April 30, 2004, case CISID no ARB (AF)/00/3. The challenges mentioned above, which arise in the doctrine of omnipresence and the doctrine of police power, have led to the creation of a fairer place for the identification of indirect expropriation, namely an analysis of proportionality37. Maintaining a balance between the impact of a measure on the interests of foreign investors and the importance of regulatory measures taken by host Member States38 In addition to examining the objective of the measure in question and its effects, a balance must be maintained between the impact of a measure on the interests of foreign investors and the importance of regulatory measures taken by host Member States38.

a balance between the impact of a measure on the interests of foreign investors and the importance of regulatory measures taken by host Member States38. Maintaining a balance between the impact of a measure on the interests of foreign investors and the importance of the regulatory measures taken by the host Member States38 In addition to examining the objective of the measure in question and its effects, the test takes into account other factors, such as the existence of legitimate confidence and the diligence of the host Member State when adopting the regulatory measure39.

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