Police Powers Doctrine: a reliable State Defense in times of Covid-19?

نویسندگان

چکیده

As measures taken against the threats of Coronavirus to public health affect investments in South America and internationally, states are looking for defenses under international law counter potential Investor-State claims. This article explores whether Police Powers Doctrine could justify policy protect during Covid-19 sanitary crisis avoid payment compensation alleged indirect expropriations. The analysis will first lay out general application investment law. To do so, it mainly investigate interpretation cases relating protection health. Finally, assess strength defending crisis. paper argues that, while most should qualify Doctrine, arbitral tribunals might examine additional conditions accord their legal qualification an exercise police powers with specific facts a case.

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ژورنال

عنوان ژورنال: Revista de Direito Internacional

سال: 2021

ISSN: ['2237-1036', '2236-997X']

DOI: https://doi.org/10.5102/rdi.v18i2.7416