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 With rare insights and unpublished data, this book is your essential guide to understanding the resilience of the investment regime in these challenging times.
Notes on Editors
Notes on Contributors
Introduction
Antonino Alģ, Sondra Faccio, and Marco Pertile
1Public Emergencies and Investment Law before the Pandemic: Past Emergencies
and Lessons Learned
Pia Acconci
2The Impact of the Pandemic on the Reform of Investment Treaty Standards
Tarcisio Gazzini and Valentina Vadi
3The Impact of the Pandemic on the isds Reform
Ksenia Polonskaya
4Foreign Direct Investment and Geoeconomic Risk: Sketching the Contours of
an Emerging Concept
Jens Hillebrand Pohl and Mikael Wigell
5Controlling Foreign Direct Investment in the Wake of the covid Pandemic:
Enhanced and Supplementary Screening Procedures among EU Member States
Antonino Alģ
6Preventing Unwanted Acquisitions before and after the covid Crisis
Francesco Salerno and Marco Grantaliano
7Full Protection and Security and the covid-19 Pandemic
Sebastiįn Mantilla Blanco
8Revisiting the fet Standard and the Right to Regulate in Times of Crisis:
The Notion of Stability in an Assessment of Legitimate Expectations
Yulia Levashova
9Indirect Expropriation in the Context of the Pandemic: Confronting
Investment Treaty Provisions with covid-Related Regulatory Measures
Niccolņ Zugliani
10Responses to the covid-19 Pandemic and Customary Law Defences: Force
Majeure and the State of Necessity
David Collins
11State Defences under International Investment Agreements
Silvina Gonzįlez Napolitano
12Scientific Knowledge and Domestic Regulatory Measures: Perspectives from
the covid Pandemic
Sondra Faccio
13Questions of Public Health before Investment Tribunals: Can Amici Curiae
Play a Useful Role?
Avidan Kent and Jamie Trinidad
14Remarks on Procedural Issues concerning Scientific and Technical Evidence
in Investment Arbitration
Gian Maria Farnelli
Selected Bibliography
Index
Antonino Alģ 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.
