文章基本信息

标题：Defense or cooperation between states and international investors in times of crisis?
本地全文：下载
作者：Cristina Elena Popa (Tache) ; Cristina Elena Popa (Tache)
期刊名称：Juridical Tribune
印刷版ISSN：2247-7195
电子版ISSN：2248-0382
出版年度：2021
卷号：11
页码：380-394
语种：English
出版社：Law Department of the Bucharest University of Economic Studies
摘要：International investment is protected by international law by setting the standards of legal treatment that host state governments have committed themselves to in their investment treaties. Therefore, these standards of protection must be respected even in times of crisis, regardless of the reason that generated it, the policy of attracting and maintaining an investment climate favorable to international investment being an attribute of each state. If he does not find adequate protection or if he cannot negotiate contracts adapted to these conditions, nothing can prevent an investor from changing the direction of his business, in order to protect the investment made. On the other side of the barricade, the states raise the shields of force majeure and necessity. Of course, it is preferable for the barricade to turn into a round table of cooperation. The issue of violating one or more standards by states is one of the most debated at the moment, as international arbitration practice has decisions that oblige states to significant compensation. In my study I used as a research method the interdependent introspection, analysis and synthesis through analogies developed in a comparative method.