Publication Type
Book Chapter
Version
acceptedVersion
Publication Date
1-2023
Abstract
In response to the global pandemic, governments have compelled the production of ventilators, limited service provision to “essential” goods, suspended bills for electricity, gas and water, and implemented price and export controls. Regulatory measures have consciously inhibited economic activity and disrupted investment interests. Inevitably, foreign investors are among those adversely affected by measures directed towards the containment of COVID-19. Since the first bilateral investment treaty (“BIT”) was concluded in 1959, international investment agreements (“IIAs”) have served as derogations to the general international law principle that States have absolute discretion to restrict and regulate foreign investors within their territories.2 As such, contracting parties voluntarily accept limitations on their sovereignty in the form of protection for foreign investors. Should foreign investors consider that COVID-19 measures violate the legal standards provided in international investmentagreements, they may seek recourse through dispute settlement provisions.
Discipline
Asian Studies | Dispute Resolution and Arbitration | International Trade Law
Publication
COVID-19 and international business and economic law: China and a changing world
Editor
Kun Fan & Charlie Xiao Chuan Weng
ISBN
9789811862007
Publisher
Singapore Academy of Law
City or Country
Singapore
Citation
MCLAUGHLIN, Mark.
Covid-19 and investor-state disputes: Have the stars aligned for mediation?. (2023). COVID-19 and international business and economic law: China and a changing world.
Available at: https://ink.library.smu.edu.sg/sol_research/4798
Creative Commons License
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Included in
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