Overview

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 With rare insights and unpublished data, this book is your essential guide to understanding the resilience of the investment regime in these challenging times.

Full Product Details

Author:   Antonino Alì ,  Sondra Faccio ,  Marco Pertile
Publisher:   Brill
Imprint:   Martinus Nijhoff
Volume:   26
Weight:   0.001kg
ISBN:  

9789004711198

ISBN 10:   9004711198
Pages:   271
Publication Date:   27 December 2024
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Forthcoming
Availability:   Not yet available  
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Table of 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

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Author Information

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.

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