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Publications

ArbitralWomen members regularly publish articles in highly-regarded legal and ADR journals

Balancing the Protection of Foreign Investors and State Responses in the Post-Pandemic World

  • Publication Name: Kluwer Law International
  • Publication Name Index: Kluwer Law International

Balancing the Protection of Foreign Investors and States Responses in the Post-Pandemic World is a crucial and well-timed book penned by top professionals in the field who offer a detailed investigation of the measures that States have taken, or have failed to take, to deal with the pandemic’s ramifications and whether these actions or inactions can be interpreted as investment arbitration risks. The COVID-19 pandemic has turned the spotlight on the debate on reform of the international investment agreement regime with renewed force.

 

What’s in this book:

This book is an expansive synopsis of the impact of COVID-19 on States and investors, including perspectives from UNCTAD, the European Union, the United States, Russia, India, South Korea and the African Union. This exhaustive guide on State defences and investor protection mechanisms grapples with the following aspects of the debate as affected by the pandemic:

 

  • treatment of investors in times of pandemic and in the post-pandemic world; 
  • sufficient contribution to the economic development of the host State;
  • disparities in bargaining power; and
  • use of ‘pandemic power’ to accord preferential treatment.