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

ISBN13: 9789403533704
Published: May 2022
Publisher: Kluwer Law International
Country of Publication: Netherlands
Format: Hardback
Price: £165.00

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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.

International Investment Law
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