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International Investment Law and the Pandemic
Series: - Nijhoff International Investment Law Series, Volume: 26
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 With rare insights and unpublished data, this book is your essential guide to understanding the resilience of the investment regime in these challenging times.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.
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 theisds 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 thecovid Pandemic: Enhanced and Supplementary Screening Procedures among EU Member States
Antonino Alì
6 Preventing Unwanted Acquisitions before and after thecovid Crisis
Francesco Salerno and Marco Grantaliano
7 Full Protection and Security and thecovid -19 Pandemic
Sebastián Mantilla Blanco
8 Revisiting thefet 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 withcovid -Related Regulatory Measures
Niccolò Zugliani
10 Responses to thecovid -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 thecovid 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
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
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
Antonino Alì
6 Preventing Unwanted Acquisitions before and after the
Francesco Salerno and Marco Grantaliano
7 Full Protection and Security and the
Sebastián Mantilla Blanco
8 Revisiting the
Yulia Levashova
9 Indirect Expropriation in the Context of the Pandemic: Confronting Investment Treaty Provisions with
Niccolò Zugliani
10 Responses to the
David Collins
11 State Defences under International Investment Agreements
Silvina González Napolitano
12 Scientific Knowledge and Domestic Regulatory Measures: Perspectives from the
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
International investment law and arbitration scholars; international law students; practitioners dealing with international and commercial investment arbitration; arbitrators; government representatives, agencies, and NGOs dealing with arbitration, FDIs, sustainable international investment.