International investment protection in front of the states role in crisis times to managing disputes

Cristina Elena Popa (Tache) ()
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Cristina Elena Popa (Tache): Associate scientific researcher at the Institute of Legal Research of the Romanian Academy

Juridical Tribune - Review of Comparative and International Law, 2020, vol. 10, issue 3, 455-465

Abstract: International investment law has regulatory features, especially in the area of international investment protection and dispute settlement, in the violation case of these rights. Any force majeure situation or fortuitous event (pandemic and the economic crisis generated by it) represents, in this field, an escalation of situations with conflict impact, for the solution of which the main actors must adapt their capacity and regulations. In this context, a higher risk of disputes must be taken into account. Although many governments are trying to find a balance between protecting public health and economic interests, the pandemic creates unprecedented risks for foreign investors around the world, the effects of which will be visible in the coming years. The competent courts are beginning to have an extremely difficult task of analysis and deliberation, which will oscillate between recognizing and respecting the exercise of significant discretionary state power in response to public health problems and between sovereign measures taken by states in response to pandemics or in other similar cases, measures which may violate the protection of foreign investment contained in international investment agreements, if they are discriminatory or disproportionate. To conduct this study we used recognized descriptive, explanatory and predictive research methods, specific to the criteria imposed by international investments, such as: (1) the temporal criterion, (2) the reactivity criterion and (3) the intrinsic characteristics of the method.

Keywords: investment protection; pandemic; state; foreign investment. (search for similar items in EconPapers)
JEL-codes: K11 K23 K33 (search for similar items in EconPapers)
Date: 2020
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Citations: View citations in EconPapers (4)

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