Scientific Knowledge and Domestic Regulatory Measures: Perspectives from the COVID Pandemic

Sondra Faccio

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

In: International Investment Law and the Pandemic

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Sondra Faccio

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Type:: Chapter

Pages:: 214–227

DOI:: https://doi.org/10.1163/9789004711204_014

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Abstract

The chapter illustrates whether, and to what extent, scientific knowledge and information have been used by arbitrators in the past and how they are expected to be used in the future in assessing states’ regulatory measures. According to the author, science is expected to play a growing and influential role in investment arbitration, extending beyond pandemics to encompass environmental and energy matters. Science may be relevant in ascertaining whether a genuine risk exists, whether the measures taken by the state are in good faith and appropriate in light of the risk, and whether their application is reasonable. General standards and guidelines elaborated by international organizations or NGOs may ensure that all countries have equal access to scientific information when adopting regulatory measures.

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International Investment Law and the Pandemic

Series: Nijhoff International Investment Law Series, Volume: 26

E-Book ISBN:: 9789004711204

Publisher:: Brill | Nijhoff

Print Publication Date:: 01 Nov 2024

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

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

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International Investment Law and the Pandemic

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