International Investment Law and the Pandemic (Nijhoff International Investment Law Series)

Alì, Antonino (EDT)/ Faccio, Sondra (EDT)/ Pertile, Marco (EDT)

Martinus Nijhoff（2024/11発売）

• 製本 Hardcover:ハードカバー版／ページ数 272 p.
• 言語 ENG
• 商品コード 9789004711198

Full Description

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 With rare insights and unpublished data, this book is your essential guide to understanding the resilience of the investment regime in these challenging times.

Contents

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 the isds 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 the covid Pandemic: Enhanced and Supplementary Screening Procedures among EU Member States

  Antonino Alì

6 Preventing Unwanted Acquisitions before and after the covid Crisis

  Francesco Salerno and Marco Grantaliano

7 Full Protection and Security and the covid-19 Pandemic

  Sebastián Mantilla Blanco

8 Revisiting the fet 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 with covid-Related Regulatory Measures

  Niccolò Zugliani

10 Responses to the covid-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 the covid 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