Balancing the Protection of Foreign Investors and States Responses in the Post-Pandemic World

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Balancing the Protection of Foreign Investors and States Responses in the Post-Pandemic World

Edited by Yulia Levashova · Pascale Accaoui Lorfing
Kluwer Law International May 2022

Specifications

ISBN-13
9789403533704
Publisher
Kluwer Law International
Publication
May 2022
Format
Hardback
Jurisdiction
International ? Countri(es) for reference only

Details

Balancing the Protection of Foreign Investors and States Responses in the Post-Pandemic World is a crucial and well-timed book penned by top professionals in the field who offer a detailed investigation of the measures that States have taken, or have failed to take, to deal with the pandemic’s ramifications and whether these actions or inactions can be interpreted as investment arbitration risks. The COVID-19 pandemic has turned the spotlight on the debate on reform of the international investment agreement regime with renewed force.

 

What’s in this book:

This book is an expansive synopsis of the impact of COVID-19 on States and investors, including perspectives from UNCTAD, the European Union, the United States, Russia, India, South Korea and the African Union. This exhaustive guide on State defences and investor protection mechanisms grapples with the following aspects of the debate as affected by the pandemic:

 

  • treatment of investors in times of pandemic and in the post-pandemic world; 
  • sufficient contribution to the economic development of the host State;
  • disparities in bargaining power; and
  • use of ‘pandemic power’ to accord preferential treatment.

 

The concluding part of the book is devoted to analysing case studies from around the world through the lens of the pandemic and investor-State disputes.

 

How this will help you:

Comprehending the way public health emergencies can shape international investment law is key to building a sustainable, stable investment environment. As the first thorough analysis of the post-pandemic development of investment law, this nonpareil compendium takes a giant leap towards appeasing the interests of foreign investors and sovereign States at different stages of economic development. With pragmatic recommendations for both States and investors, it will prove to be invaluable to practitioners, policymakers, and academics in anticipating and combatting not only COVID-related measures but also analogous future contingencies.

Table of Contents

Editors

 

Contributors

 

Foreword

 

Chapter 1    Balancing the Protection of Foreign Investors and States’ Responses in the (Post) Pandemic World: An Introduction

 

Olga Boltenko

 

Chapter 2    State Measures in Response to the COVID-19 Pandemic: A Review

 

Alessandra Asteriti

 

Chapter 3    Tools of International Investment Agreements and Investment Contract: National Security Interest and Force Majeure

 

Pascale Accaoui Lorfing

 

Chapter 4    How Pandemics (May) Affect State Defences: Invoking Necessity in COVID-19-Related International Investment Arbitration Cases

 

Federica Cristani

 

Chapter 5    The Protection Equilibrium in ISDS: Strategic Considerations and Realistic Expectations in Times of Crisis and Beyond

 

Mohamed S. Abdel Wahab

 

Chapter 6    The Legitimate Expectations of Investors under the Fair and Equitable Treatment in Times of Pandemic and Aftermath

 

Yulia Levashova

 

Chapter 7    Perspectives on Expropriation Claims in a Post-Pandemic World

 

Roland Ziadé & Bo Ra Hoebeke

 

Chapter 8    Discrimination Claims by Foreign Investors in the Aftermath of the COVID-19 Pandemic

 

Gisèle Stephens-Chu

 

Chapter 9    Accelerating Substantive IIA Reform: Policy Perspectives in Times of a Global Pandemic

 

Vincent Beyer & Hamed El-Kady

 

Chapter 10   The EU Investment Screening Mechanism as a Means of Reacting to the COVID-19 Emergency: The Example of Italy

 

Sara Pugliese

 

Chapter 11   The African Union Declaration on the Risk of Investor-State Dispute Settlement with Respect to COVID-19 Pandemic Related Measures: Origins, Objectives and Impact

 

Makane Moïse Mbengue & Sarah Brewin

 

Chapter 12   The Risks of ISDS Cases Brought by Foreign Investors Against the Latin American States as the Result of COVID-19 Measures

 

Alvaro Galindo & Munia El Harti Alonso

 

Chapter 13   India’s Policy Responses to Pandemic and Its Impact on Foreign Investors

 

Arpita Mukherjee & Eshana Mukherjee

 

Chapter 14   Balancing the Protection of Foreign Investors and States’ Responses in the Post-Pandemic World: Perspectives from Korea

 

Hi-Taek Shin & Sue Hyun Lim

 

Chapter 15   Russia’s Perspective on a Health Crisis and Its Implications for FDI

 

Ilia Rachkov & Andrey Saveliev

 

Chapter 16   The United States Policy Response to COVID-19 and Its Potential Impact on ISDS Claims

 

Elizabeth Oger-Gross & Hadia Hakim

 

Chapter 17   Concluding Remarks: COVID-19 and Investments – Eyes on the Future

 

Crina Baltag

 

Index

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