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International investment protection in front of the states role in crisis times to managing disputes

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  • Cristina Elena Popa (Tache)

    (Associate scientific researcher at the Institute of Legal Research of the Romanian Academy)

Abstract

International investment law has regulatory features, especially in the area of international investment protection and dispute settlement, in the violation case of these rights. Any force majeure situation or fortuitous event (pandemic and the economic crisis generated by it) represents, in this field, an escalation of situations with conflict impact, for the solution of which the main actors must adapt their capacity and regulations. In this context, a higher risk of disputes must be taken into account. Although many governments are trying to find a balance between protecting public health and economic interests, the pandemic creates unprecedented risks for foreign investors around the world, the effects of which will be visible in the coming years. The competent courts are beginning to have an extremely difficult task of analysis and deliberation, which will oscillate between recognizing and respecting the exercise of significant discretionary state power in response to public health problems and between sovereign measures taken by states in response to pandemics or in other similar cases, measures which may violate the protection of foreign investment contained in international investment agreements, if they are discriminatory or disproportionate. To conduct this study we used recognized descriptive, explanatory and predictive research methods, specific to the criteria imposed by international investments, such as: (1) the temporal criterion, (2) the reactivity criterion and (3) the intrinsic characteristics of the method.

Suggested Citation

  • Cristina Elena Popa (Tache), 2020. "International investment protection in front of the states role in crisis times to managing disputes," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 10(3), pages 455-465, December.
    • Handle: RePEc:asr:journl:v:10:y:2020:i:3:p:455-465
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    File URL: http://www.tribunajuridica.eu/arhiva/An10v3/7.%20Cristina%20Popa%20Tache%20EN.pdf
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    References listed on IDEAS

    as
    1. Cristina Elena Popa (Tache), 2019. "Individualization and development of international investment law as the third millennium law field," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 9(3), pages 583-588, December.
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    Cited by:

    1. Nováčková Daniela & Peráček Tomáš, 2021. "The Common European Investment Policy and Its Perspectives in the Context of the Achmea Case Law," TalTech Journal of European Studies, Sciendo, vol. 11(1), pages 153-169, May.
    2. Mengxing Song & Lingling Guo & Jianwei Shen, 2023. "The Relationship between Alumni Network and Exploratory Innovation: The Mediating Role of Enterprise Risk-Taking," Sustainability, MDPI, vol. 15(22), pages 1-18, November.
    3. Gabriela TEODORU, 2022. "Restrictions On The Sale Of Agricultural Land. Controversies National Law - Union Law," Perspectives of Law and Public Administration, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 11(1), pages 142-156, March.
    4. Mejd Aures BENLALA, 2023. "Exploring Algeria's International Commercial Arbitration Legislation in Light of the UNCITRAL Model Law on International Commercial Arbitration. A National View on International Investments," International Investment Law Journal, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 3(1), pages 60-71, February.

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      More about this item

      Keywords

      investment protection; pandemic; state; foreign investment.;
      All these keywords.

      JEL classification:

      • K11 - Law and Economics - - Basic Areas of Law - - - Property Law
      • K23 - Law and Economics - - Regulation and Business Law - - - Regulated Industries and Administrative Law
      • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law

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