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

Pia Acconci

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

于International Investment Law and the Pandemic

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Pia Acconci

Pia Acconci
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类型:: 章节

Page Range:: 8–23

DOI:: https://doi.org/10.1163/9789004711204_003

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Abstract

This chapter focuses on the interaction between the protection of foreign direct investment and the protection of public health. It discusses some cases that arose during past public health emergencies, in order to illustrate the lessons learned and what is their expected impact on the ongoing reform of international investment law. According to the author, the competition between the protection of public health and the protection of investment under different legal instruments had become a common feature within international investment arbitration, even before the outbreak of the COVID pandemic. However, existing international legal instruments do not fully succeed in striking a fair balance between these two competing interests. First-generation international investment treaties do not provide for the protection of public health and other non-economic interests, such as the environment, because they were designed with the specific objective of promoting and protecting foreign direct investment. The new generation of investment treaties, while containing safeguards and/or special provisions for the protection of non-economic interests, still leaves room for arbitrators’ discretion and inconsistent results. The author therefore argues for the adoption of a new multilateral comprehensive investment treaty.

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International Investment Law and the Pandemic

丛编： Nijhoff International Investment Law Series, 卷： 26

ISBN:: 9789004711204

出版社:: Brill | Nijhoff

印刷出版日期:: 01 Nov 2024

Subjects
- International Law
  - International Dispute Resolution & Arbitration
  - International Commercial, Trade & Investment Law

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

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International Investment Law and the Pandemic

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