Settlement of Investment Disputes arising from Pandemics, especially Covid-19, relying on the Protection of the Interests of the Host State

Document Type : Research Paper

Author

Ph.D. in International Law, University of Tehran, Tehran, Iran

Abstract

Given that in the event of outbreak of pandemics, especially in the case of Covid-19, all capacities of the countries are allocated to prevent the spread of the disease and maintain public health, it is obvious that host states in crisis situations cannot abide by all obligations they have assumed under Investment treaties for protection of foreign investor, as they do in normal situations, and even some of their preventive measures will cause damage to the investor. The investor's recourse to arbitration in the event of an outbreak of a pandemic or the possibility of filing action by an investor after controlling the disease can limit the measures a state can do to protect the lives of its citizens. With the aim of focusing of the host states on protecting the lives of citizens and the public health of society, this article, using a descriptive-analytical method, answers the question of what procedural and substantive defenses under investment treaties, the host state may assert against the investor's claims resulting from state measures in pandemic situations to protect its essential interests.

Keywords

References

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Journal of Legal Studies
Volume 13, Issue 4 - Serial Number 42
December 2021
Pages 234-262

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