Full Protection and Security and the COVID-19 Pandemic

Sebastián Mantilla Blanco

Jump to Content

Chapter 7 Full Protection and Security and the COVID-19 Pandemic

于International Investment Law and the Pandemic

著者：

Sebastián Mantilla Blanco

Sebastián Mantilla Blanco
Search for other papers by Sebastián Mantilla Blanco in
Current site
Google Scholar
PubMed

类型:: 章节

Page Range:: 123–138

DOI:: https://doi.org/10.1163/9789004711204_009

Purchase instant access (PDF download and unlimited online access):

€42.00€35.00 excl. VAT

Add to Cart

找回访问令牌

Abstract

Governmental conduct during the COVID-19 pandemic could become the subject of arbitration claims about alleged breaches of the ‘full protection and security’ (FPS) obligation under investment treaties. This raises two different but interrelated issues. The first issue is whether the challenged conduct pertained to risks covered by the FPS standard. This question leads to the slippery debate about the scope of the FPS obligation, a debate featuring competing arbitral approaches with little prospect of consistency, at least in the short term. The second issue involves the application of FPS as an obligation to exercise due diligence in the challenging setting of a global pandemic. This poses the question about the relevance, if any, of the discriminatory or non-discriminatory nature of pandemic-related measures. Moreover, justification of state conduct during the pandemic is unavoidably entangled with scientific rationality. This entanglement presents an opportunity to consider the interplay between due diligence under the FPS standard, on the one hand, and science-based decision-making, on the other. The evaluation of FPS claims in this context can profit from the experience of the World Trade Organization in the application of the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement). COVID-related treaty claims could thus open a new chapter in the intra-disciplinary dialogue between investment law and trade law.

引用信息

Save
Cite
Email this content

Share Link

Copy this link, or click below to email it to a friend
Email this content
or copy the link directly:

https://brill.edhh.ma/abstract/book/9789004711204/BP000008.xml
The link was not copied. Your current browser may not support copying via this button.

Link copied successfully

折叠
展开
回到页面顶端

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

Front Matter

Back Matter

统计数据

	全部期间	过去一年	过去30天
摘要浏览次数	340	150	21
全文浏览次数	20	11	0
PDF下载次数	22	2	0

African Studies	Education	Media Studies
American Studies	History	Middle East and Islamic Studies
Ancient Near East and Egypt	Human Rights and Humanitarian Law	Musicology
Art History	International Law	Philosophy
Asian Studies	International Relations	Religious Studies
Biblical Studies	Jewish Studies	Slavic and Eurasian Studies
Biology	Languages and Linguistics	Social Sciences
Book History and Cartography	Life Sciences	Theology and World Christianity
Classical Studies	Literature and Cultural Studies

Subjects

AppBar-Authors 2025

AppBar-Open Access 2025

AppBar-Product Information 2025

AppBar-Company 2025

AppBar-Contact 2025

Chapter 7 Full Protection and Security and the COVID-19 Pandemic

Abstract

引用信息

Share Link

International Investment Law and the Pandemic

目录

统计数据

统计数据