International Investment Law and the Pandemic

Antonino Alì, Sondra Faccio, Marco Pertile (Herausgeber)

Buch | Hardcover

284 Seiten

2024
Martinus Nijhoff (Verlag)
9789004711198 (ISBN)

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Through the contributions of leading academics and practitioners, this book examines reforms in investment screening, investment law and arbitration, and assesses the resilience of the regime in response to the challenges exposed by the Covid pandemic.

This book discusses how the Covid pandemic has reshaped investment screening mechanisms, investment law and arbitration. Contributions from leading academics and practitioners offer a fresh perspective on the reform of the ISDS mechanism and investment treaties; security and public order risks in FDI screening; the application of treaty standards and customary law defences; and the critical role of scientific data in investment arbitration. With rare insights and unpublished data, this book is your essential guide to understanding the resilience of the investment regime in these challenging times.

Antonino Alì is associate professor of international law at the University of Trento. He is an expert member of the Core Group ‘Golden Power’ of the Italian Presidency of the Council of Ministers. Sondra Faccio is associate professor of international law at the University of Trento and attorney at law. Marco Pertile is professor of international law at the University of Trento and lecturer at the Paris School of International Affairs, Sciences Po University.

Notes on Editors

Notes on Contributors

Introduction

Antonino Alì, Sondra Faccio, and Marco Pertile

1 Public Emergencies and Investment Law before the Pandemic: Past Emergencies and Lessons Learned

Pia Acconci

2 The Impact of the Pandemic on the Reform of Investment Treaty Standards

Tarcisio Gazzini and Valentina Vadi

3 The Impact of the Pandemic on the isds Reform

Ksenia Polonskaya

4 Foreign Direct Investment and Geoeconomic Risk: Sketching the Contours of an Emerging Concept

Jens Hillebrand Pohl and Mikael Wigell

5 Controlling Foreign Direct Investment in the Wake of the covid Pandemic: Enhanced and Supplementary Screening Procedures among EU Member States

Antonino Alì

6 Preventing Unwanted Acquisitions before and after the covid Crisis

Francesco Salerno and Marco Grantaliano

7 Full Protection and Security and the covid-19 Pandemic

Sebastián Mantilla Blanco

8 Revisiting the fet Standard and the Right to Regulate in Times of Crisis: The Notion of Stability in an Assessment of Legitimate Expectations

Yulia Levashova

9 Indirect Expropriation in the Context of the Pandemic: Confronting Investment Treaty Provisions with covid-Related Regulatory Measures

Niccolò Zugliani

10 Responses to the covid-19 Pandemic and Customary Law Defences: Force Majeure and the State of Necessity

David Collins

11 State Defences under International Investment Agreements

Silvina González Napolitano

12 Scientific Knowledge and Domestic Regulatory Measures: Perspectives from the covid Pandemic

Sondra Faccio

13 Questions of Public Health before Investment Tribunals: Can Amici Curiae Play a Useful Role?

Avidan Kent and Jamie Trinidad

14 Remarks on Procedural Issues concerning Scientific and Technical Evidence in Investment Arbitration

Gian Maria Farnelli

Selected Bibliography

Index

Erscheinungsdatum	06.02.2025
Reihe/Serie	Nijhoff International Investment Law Series ; 26
Sprache	englisch
Maße	155 x 235 mm
Gewicht	600 g
Themenwelt	Recht / Steuern ► EU / Internationales Recht
ISBN-13	9789004711198 / 9789004711198
Zustand	Neuware